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Edited by
Guglielmo Faldetta
Edoardo Mollona
Massimiliano Matteo Pellegrini

Philosophy and
Business Ethics
Organizations, CSR
and Moral Practice
Philosophy and Business Ethics
Guglielmo Faldetta · Edoardo Mollona ·
Massimiliano Matteo Pellegrini
Editors

Philosophy
and Business Ethics
Organizations, CSR and Moral
Practice
Editors
Guglielmo Faldetta Edoardo Mollona
Department of Economics and Law Department of Computer Science
Kore University of Enna and Engineering (DISI)
Enna, Italy University of Bologna
Bologna, Italy
Massimiliano Matteo Pellegrini
Department of Management and law
University of Rome Tore Vergata
Rome, Italy

ISBN 978-3-030-97105-2 ISBN 978-3-030-97106-9 (eBook)


https://doi.org/10.1007/978-3-030-97106-9

© The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature
Switzerland AG 2022
This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher,
whether the whole or part of the material is concerned, specifically the rights of translation,
reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other
physical way, and transmission or information storage and retrieval, electronic adaptation, computer
software, or by similar or dissimilar methodology now known or hereafter developed.
The use of general descriptive names, registered names, trademarks, service marks, etc. in this
publication does not imply, even in the absence of a specific statement, that such names are exempt
from the relevant protective laws and regulations and therefore free for general use.
The publisher, the authors and the editors are safe to assume that the advice and information in this
book are believed to be true and accurate at the date of publication. Neither the publisher nor the
authors or the editors give a warranty, expressed or implied, with respect to the material contained
herein or for any errors or omissions that may have been made. The publisher remains neutral with
regard to jurisdictional claims in published maps and institutional affiliations.

This Palgrave Macmillan imprint is published by the registered company Springer Nature Switzerland
AG
The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
Contents

1 Investigating the Philosophical Foundations


of Management and Business 1
Guglielmo Faldetta, Edoardo Mollona,
and Massimiliano Matteo Pellegrini

Part I Philosophical Foundations and Normative


Approaches for Business Management
2 What Should Business Ethics Be? Aims, Methodology,
Substance 13
Brian Berkey
3 Philosophical Challenges in Development of Ethical
Perspective in Business 41
Dušan Kučera
4 Redefining Stakeholder Censuses and Typologies:
A New Approach 75
Miguel Ángel Serrano de Pablo
and José Luis Fernández-Fernández

v
vi Contents

5 Empirical Research in Virtue Ethics: In Search


of a Paradigm 107
Patricia Grant and Peter McGhee
6 Aristotelian Flourishing for a Virtuous Business
Vision: The Philosophical Wisdom as a Strategic
Tool for an Effective Change in the Management 133
Francesca Zimatore and Luca Greco
7 Catholic Social Teaching as a Foundation
for Business Ethics 169
Domènec Melé
8 Ideas of Organization and Ideas of Justice 197
Massimo Neri
9 How to Ground Corporate Governance Practice
on African Ethics 233
Diana-Abasi Ibanga

Part II Philosophical Explanations for Systemic,


Organizational, and Social Mechanisms
10 Care Ethics in the Era of Artificial Intelligence 255
Carolina Villegas-Galaviz
and José-Luis Fernández-Fernández
11 Three Rival Versions of Work and Technology: Smith,
Marx, and MacIntyre in Discussion 275
Javier Pinto-Garay, Germán Scalzo, and Ignacio Ferrero
12 Relational Ontology for an Ethics of Work
Relationships 301
Anna Marrucci, Cristiano Ciappei, Lamberto Zollo,
and Riccardo Rialti
Contents vii

13 Towards a Scale of Islamic Work Ethic: Validation


from Middle Eastern Countries 327
Mohammed Aboramadan, Khalid Dahleez,
Mosab I. Tabash, Wasim Alhabil,
Mohamad Ayesh Almhairat, Kawtar Ouchane,
and Caterina Farao
14 Extending Amartya Sen’s Paretian Liberal Paradox
to a Firm’s Hierarchy 357
Massimiliano Vatiero
15 Reinforcing or Slackening the Spiral of Deviance:
The Role of the Personal Norm of Reciprocity 375
Deborah Gervasi and Guglielmo Faldetta
16 The Cancer of Corruption: A Philosophical
and Ethical Perspective 397
Flor Silvestre Gerardou, Blanca Viridiana Guizar Moran,
Royston Meriton, and Anthony Brown

Part III Philosophical Explanations for Political Action


of the Organization
17 The Pathology of Corporate Power 435
Jeffrey Bone
18 Organizing Resistance: DiY as Ethical and Political
Praxis 455
Luigi Maria Sicca, Maria Auriemma,
and Domenico Napolitano
19 The Aristotelian Commutative Justice and The
Management of the Firm’s Stakeholder Relations 487
Roberta Troisi and Luigi Enrico Golzio
20 Restorative Justice and Sustainable Development:
A Preview of Holistic and Systemic Contextual
Change 513
Nikos Valance
viii Contents

21 Uncovering the Dialogical Dimension of Corporate


Responsibility: Towards a Transcendental Approach
to Economics, with an Application to the Circular
Economy 535
Giancarlo Ianulardo, Aldo Stella, and Roberta De Angelis
22 Power, Authority, and Leadership: A Proposal
for Organizational Theory in the Post-Bureaucratic
Era 569
Lucía Ciardi and Germán Scalzo
List of Figures

Fig. 3.1 Four dimensions of corporate responsibility 46


Fig. 3.2 Separation and fragmentation of scientific perspective
(Own adaptation) 53
Fig. 3.3 Simple relation model of life and economy 65
Fig. 9.1 Conversational space model (CSM) 246
Fig. 12.1 Plato’s Ontology (Source Authors’ elaboration) 306
Fig. 12.2 Aristotle’s Ontology (Source Authors’ elaboration) 308
Fig. 12.3 Triadic relationship (Source Authors’ elaboration) 313
Fig. 12.4 Relational Goods (Source Authors’ elaboration) 318
Fig. 12.5 Conceptual model (Source Authors’ elaboration) 322
Fig. 15.1 The relationship between Psychological Contract
Violation (PCV), Incivility, and Organizational
Workplace Deviance (WD-O) 387

ix
List of Tables

Table 4.1 Stakeholder typology: stokeholders, stakeholders,


extended stakeholders, stareholders and stateholders 92
Table 5.1 Four paradigms for analysing social theory adapted
from Burrell and Morgan (1979, p. 23) 111
Table 5.2 Four research paradigms adapted from Guba
and Lincoln (1994, p. 109) 112
Table 5.3 Crotty’s paradigms adapted from Crotty (1998, p. 4) 113
Table 5.4 Brand’s paradigm synthesis for business ethics research
adapted from Brand (2009, p. 447) 114
Table 8.1 Ideas of organization and ideas of justice 226
Table 11.1 Work-technology relationship and Smith’s
organizational solution 282
Table 11.2 Work-technology relationship and Marx’s
organizational solution 285
Table 11.3 Work-technology relationship and MacIntyre’s
organizational solution 294
Table 12.1 A summary of literature 314
Table 13.1 Items, sources, and Quranic or Sunna recitation 333
Table 13.2 Respondents’ profiles 336
Table 13.3 EFA for samples A and B 338

xi
xii List of Tables

Table 13.4 Sample B: Means, SD, Inter-item correlations,


Item-total correlation, and Cronbach Alpha if item
removed in Diagonal 340
Table 13.5 Item-Total correlation 341
Table 13.6 Confirmatory factor analysis (Sample B) 342
Table 13.7 Means, SDs, and correlation analysis (Sample B) 345
Table 22.1 A summary of power and authority within the three
paradigms 591
1
Investigating the Philosophical
Foundations of Management
and Business
Guglielmo Faldetta, Edoardo Mollona,
and Massimiliano Matteo Pellegrini

In the actual scientific debate among management and organizational


scholars, the interest in business ethics and social issues for management
is widespread, but there is still a lack in the normative aspect and the
philosophical foundations of management. Academics and practitioners

G. Faldetta (B)
Department of Economics and Law, Kore University of Enna, Enna, Italy
e-mail: [email protected]
E. Mollona
Department of Computer Science and Engineering (DISI), University of
Bologna, Bologna, Italy
e-mail: [email protected]
M. M. Pellegrini
Department of Management and Law, University of Rome Tor Vergata,
Rome, Italy
e-mail: [email protected]

© The Author(s), under exclusive license to Springer Nature 1


Switzerland AG 2022
G. Faldetta et al. (eds.), Philosophy and Business Ethics,
https://doi.org/10.1007/978-3-030-97106-9_1
2 G. Faldetta et al.

have often discussed the moral aspect of management and business


actions, but they often miss a deeper philosophical reflection.
This book is aimed at investigating the philosophical foundations of
management and business, both in theory and in practice. It consists of
twenty-two chapters that use different philosophical paradigms and theo-
ries to better explaining, and hopefully impacting, business management
issues.
The book is structured in three parts.
The chapters included in the first part “Philosophical foundations and
normative approaches for business management” mobilize different theo-
ries to provide a normative and philosophical basis for business manage-
ment. In this part, different approaches are used to create synergies
between philosophical studies and managerial disciplines.
In particular, Chapter 2, “What should business ethics be? Aims,
methodology, substance”, by Brian Berkey, proposes to use traditional
philosophical approaches to address some central questions in busi-
ness ethics. In this chapter, the author defends traditional philosophical
approaches against the criticism that they are insufficiently practical,
speculates on the appropriate methodology for pursuing work in busi-
ness ethics, and offers a brief characterization of how we should think
about the substance of business ethics.
Chapter 3, “Philosophical challenges in development of ethical
perspective in business”, by Dušan Kučera, describes the fundamental
philosophical challenges for the application of business ethics in manage-
ment. By highlighting the need to change the Western intellectual
paradigm of capitalism, the author describes the limits of the neolib-
eral philosophy of economic thinking and the utilitarianism framework.
To offer some philosophical solutions, and looking for values and philo-
sophical principles that are not conditional and relative, the chapter
proposes a managerial transcendence menu, value anchoring in compre-
hensive philosophical orientation for future business challenges and
ethical dilemmas.
Chapter 4, “Redefining stakeholder censuses and typologies: A new
approach”, by Miguel Ángel Serrano de Pablo and José Luis Fernández-
Fernández, wonders how can a typology of stakeholders be established
to truly illuminate the pathways of action for companies. According to
1 Investigating the Philosophical Foundations … 3

the authors, the simple perspective regarding their classification arises out
of aspects related to business ethics and the philosophical nature of the
need to establish relations with stakeholders beyond those necessary for
business survival. The chapter proposes a way to establish the taxonomic
axes to do the exercise so companies can approach the issue with better
outlooks. In addition, the authors provide criteria for inclusion using a
taxonomy that may be able to reflect the weight of each stakeholder.
Chapter 5, “Empirical research in virtue ethics: In search of a
paradigm”, by Patricia Grant and Peter McGhee, calls for rigorous empir-
ical investigation in business ethics through a careful elaboration of,
alignment of, and justification for, ontological, epistemological, and
methodological standpoints. The authors propose a Neo-Aristotelian
virtue ethics approach, which assumes that the metaphysical reality
of human nature is an intrinsic part of the subjective experience and
practice of virtue. An example of a study based on this approach is
used to highlight the limitations of existing research paradigms. The
authors as well propose an additional paradigm that assumes an inter-
connected continuum of mind-independent metaphysical, physical, and
social dimensions, which shape and are shaped by the person’s inner
world.
Chapter 6, “Aristotelian flourishing for a virtuous business vision.
The philosophical wisdom as a strategic tool for an effective change in
the management”, by Francesca Zimatore and Luca Greco, combines
academic study with business experience, reflecting on the possibility to
reconnect business and managerial practices to ethical action following
the philosophical tradition. This chapter shows the renewed role that
philosophy assumes within corporate dynamics and in the global socio-
economic context, particularly referring to the Aristotelian Ethics as a
paradigmatic starting point for any ethical reflection that still wants
to be valid today. The authors highlight the importance of the prac-
tical philosopher for organizations, as a consultant who does not offer
philosophical and dusty contents by taking the chair or “pre-packaged”
theories, but offers philosophical skills, connected to conceptual analysis,
deduction, and phenomenological description.
Chapter 7, “Catholic social teaching as a foundation for business
ethics”, by Domènec Melé, proposes to use Catholic Social Teaching
4 G. Faldetta et al.

(CST) as a foundation for business ethics. The author builds on specific


epistemology and anthropology that ground on Aristotelian-Thomistic
thought and modern personalism. This ethics differs from relativism,
rationalism, and emotivism. CST can be categorized as a “person-
centered ethics” and includes some important elements as acting with
personal and social love in truth, which encompasses the recognition
of human dignity and universal fraternity, the fostering of integral
human development, assuming transcendent moral norms, and taking
the common good as a source of social legitimacy.
Chapter 8, “Ideas of organizations and ideas of justice”, by Massimo
Neri, proposes a reflection on justice within organizations. After the
description of the “conceptions of organization”, the author proposes an
original reading of the theoretical contributions on justice, which uses
the aforementioned knowledge alternatives as a frame of reference. The
comparison between these different visions of organizational justice is a
fundamental premise to face research and managerial implications and to
deal with the new challenges that an issue as ancient as justice continues
to bring to the fore of today’s organizational phenomena.
Chapter 9, “How to ground corporate governance practice on African
ethics”, by Diana-Abasi Ibanga, takes issue with the Western approach to
corporate governance adopted by companies in Africa that is incompat-
ible with cultural contexts in this continent thereby stressing the need
for Africanizing corporate governance practice. The author proposes a
general outline of African ethics to show how its application to the
concept of corporate governance might transform the conceptual status
of firms operating in Africa. In this light, the personhood status of the
firm is re-evaluated in the context of African ethics to show how it
can evolve from an individualistic person, as was configured in Western
jurisprudence, to a communal person, this latter compatible with African
contexts. Finally, the author presents a Conversational Space Model to
support grounding corporate governance practice in African ethics in
practical ways.
The second part “Philosophical explanations for systemic, organiza-
tional, and social mechanisms” contains contributions that, adopting
several philosophical interpretations, explain the functioning of a
company, either in its technical or social dimension. Related to the
1 Investigating the Philosophical Foundations … 5

technical system, ethical issues arise from a plethora of conditions like


business models, knowledge management systems, and the consequences
of the digital revolution and the new technologies like artificial intelli-
gence. These technical innovations have huge consequences for working
conditions and treatments. Related to the social system instead ethics is
pervasive in each social behavior, comprising negative behaviors. From
this point of view, this part offers different philosophical paradigms and
theories to analyze the working relationships and the foundation of the
social contract within a firm.
Considering the philosophical foundation of the technological aspect
expressed by any firm, in Chapter 10, “Care ethics in the era of Arti-
ficial Intelligence”, Carolina Villegas Galaviz and Jose Luis Fernández
Fernández discuss the consequences of the advent of AI for socio-
technological systems. While this paradigm opens up possibilities for
many enhancements, such as objectification and speed, it also implies
significant challenges, not least those of an ethical nature. The chapter
proposes the ethics of care as a fundamental moral paradigm to firmly
ground and guide the use of AI in management, especially in relation to
its ability to consider stakeholders’ instances.
Chapter 11, “Three rival versions of work and technology: Smith,
Marx, and MacIntyre in discussion”, written by Javier Pinto, Germán
Scalzo, and Ignacio Ferrero, discusses a philosophical interpretation of
the relation that should exist between technology and human work. The
chapter takes into consideration three perspectives; two openly intellec-
tual antagonist views such as that of Adam Smith and Karl Marx which
both failed to provide a sustainable and realistic account of the meaning
of work. In light of the thought of MacIntyre, a recomposing approach is
reached understanding the way technology might negatively affect work,
but also recognizing opportunities for the excellence of modern firms.
Instead, the following chapters pertain to the social dimension of
firms especially in relation to their employees. Indeed, in Chapter 12,
“Relational ontology for an ethics of work relationships”, the authors
Anna Marrucci, Cristiano Ciappei, Lamberto Zollo, and Riccardo Rialti
analyze and develop the concept of relational ontology in response to
modern challenges posed to the stability of individuals’ well-being. Firms
can promote interpersonal relationships that should be considered as sui
6 G. Faldetta et al.

generis realities and not as mere instrumental interactions among a firm’s


employees. By reinterpreting the thought of ancient and contemporary
philosophers such as Plato, Aristotle, and Edgar Morin, it is possible to
build a clear definition for relational goods, which are those goods that
can promote empathy and reciprocity, enabling individual and societal
growth.
Chapter 13, “Toward a scale of Islamic work ethics: Validation from
Middle Eastern countries”, written by Mohammed Aboramadan, Khalid
Dahleez, Mosab I. Tabash, Wasim Alhabil, Mohamad Ayesh Almhairat,
Kawtar Ouchane, and Caterina Farao, aims at developing a valid scale of
Islamic work ethics in the Middle Eastern region. Building on an exten-
sive review on the topic, 15 items are formulated and assessed by a large
sample of employees working in several countries of the Arab region (e.g.,
data were from Jordan, Oman, Palestine Qatar, and UAE). The results
suggested a 12-item unidimensional scale; this represents one of the first
Islamic work ethic scales developed and confirmed using data collected
from several countries in the region.
However, also negative aspects should be considered when human
relationships within a firm are involved. Chapter 14, “Extending
Amartya Sen’s Paretian liberal paradox to a firm’s hierarchy” by Massi-
miliano Vatiero, compares how Sen’s perspective may clash with an
economic efficiency criterion, the final objective of a firm. Such effi-
ciency assured through the hierarchy of a firm may and does invade
the private sphere of individuals outside the firm, including in workers’
homes, political activities, and even the choice of sexual partners. Those
circumstances show that a risk of conflict exists between the reasons of
the efficiency and Sen’s idea of liberalism; thus, even if the firm’s hier-
archical nature may improve the efficiency, it may conflict with liberal
values.
Chapter 15, “Reinforcing or slackening the spiral of deviance: The
role of the personal norm of reciprocity” written by Deborah Gervasi
and Guglielmo Faldetta, analyzes detrimental organizational phenomena
through the lens of the norm of reciprocity. Based on the importance
of philosophical and theoretical paradigms, the chapter considers three
levels of negative organizational behavior: psychological contract viola-
tion, incivility, and organizational workplace deviance. Specifically, the
1 Investigating the Philosophical Foundations … 7

psychological contract violation could bring to the start of the incivility


spiral that, in turn, could escalate to workplace deviance and the personal
belief in reciprocity could influence the relationship between these three
phenomena and the spiral propagation.
Finally, Chapter 16, “The cancer of corruption: A philosophical
and ethical perspective”, written by Flor Gerardou, Anthony Brown,
Blanca Guizar, and Roy Meriton, addresses the philosophical and ethical
perspective of corruption, in its many forms, as it is embedded in most
societies’ fabrics, justified, and rationalized. The chapter examines ethical
pluralisms that open up the opportunity for corruption and its coun-
terbalance as a global ethics that avoids imposing a Greek and Western
lens, conjoins shared norms, and simultaneously preserves the irreducible
differences between cultures and peoples.
In the third part “Philosophical explanations for political action of
the organization”, the chapters adopt different philosophical paradigms
and theories to investigate the political activity of organizations. We refer
to political activity, in a broad sense, as the activities that organizations
pursue to maintain and intervene upon their power relationships with a
variety of stakeholders, but also, in a narrower meaning, as the activities
that organizations put in place to affect policy-making processes.
In Chapter 17, “The pathology of corporate power”, Jeff Bone takes
issue with the hypertrophic corporate political power. The author mobi-
lizes a thought experiment and portrays an imaginary future to explore
what consequences this specific scenario would produce if it had to
materialize. Specifically, the chapter describes a dystopic scenario in
which Zuckerberg, the owner of Facebook, becomes the president of the
USA and implements several law-making initiatives explicitly revealing a
conflict of interest. Exposed to such a disquieting perspective, the reader
is forced to wonder about the limits of the current regulation of political
activity.
The goal of Chapter 18, “Organizing resistance: DiY as ethical and
political praxis”, written by Luigi Maria Sicca, Domenico Napolitano,
and Maria Auriemma, is to describe the DiY (Do it Yourself ) movement,
a political and philosophical movement that has been applied in a vast
array of contexts, including political activism, with particular focus on
8 G. Faldetta et al.

the concept of “independence”. In providing a detailed analysis of orga-


nizational aspects of DiY culture, the authors particularly focus on the
artistic declination of the movement and mobilize a participant obser-
vation; they study the activity of a group of artists based in Naples.
The authors argue that, due to DiY’s reliance on methods derived from
anarchy, true independence allows no separation between theory and
practice, manifesting instead as an immanent thought. Capitalizing on
this concept of independence, the authors derive considerations that are
relevant for the ethics of organizing.
The notion of justice is at the core of Chapters 19 and 20.
In Chapter 19, “The Aristotelian commutative justice and the
management of the firm’s stakeholder relations”, Roberta Troisi, Luigi
Enrico Golzio, and Marco Biagi mobilize the concept of commutative
justice, as opposed to distributive justice, to contribute to normative
stakeholder theory. Namely, the authors draw attention to the lack of
criteria for the distribution of the benefits among stakeholders and
propose a relational explanation that grounds on the philosophical
notion of an “exchange as an ethical action”. Following this line of
reasoning, they emphasize the rationale of commutative justice, rather
than the more widely used distributive justice, for the distribution of
benefits among stakeholders.
On the other hand, Nikos Valance, in Chapter 20, “Restorative
justice and sustainable development: A preview of holistic and systemic
contextual change”, analyzes the relationships between two world views,
Restorative Justice (RJ) and Sustainable Development (SD). In the
opinion of the author, both these worldviews have some features in
common. Both have arisen in response to the need to address struc-
tural inequities and inefficiencies in our systems of justice and economic
development. In addition, both worldviews have at their core similar
paradigms shifts, i.e., away from individualism and commodification of
resources (including labor) to one of recognizing interdependence and
valuing community. Moving from the assumption, the author tackles
to challenging questions. The first question is whether RJ and SD are
symbiotic, implying that one cannot be truly complete or successful
without the other. Whether the increasing prevalence of SD provides for
1 Investigating the Philosophical Foundations … 9

further adoption of RJ is the second question. In addressing the ques-


tion, Nikos Valance as well evaluates potential public policy responses
and institutions to orchestrate the transition eventually brought about
by the paradigm shifts.
Giancarlo Ianulardo, Aldo Stella, and Roberta De Angelis, in their
work (Chapter 21, “Uncovering the dialogical dimension of corporate
responsibility: Towards a transcendental approach to economics with
an application to the circular economy”), address the lack of a proper
philosophical reflection on the concept of responsibility. Based on this
assumption, the chapter engages in a journey into the analysis of the
concept of responsibility exploring the work of Weber, Jonas, Apple, and
Levinas. Along this line, the authors propose a transcendental notion
of responsibility as a “response” to a “quest” for an authentic realiza-
tion of individuals that implies the interaction between a dialogical and
a normative dimension. Taking the perspective offered by this transcen-
dental conceptualization of responsibility, the authors assess the circular
economy model by re-conceptualizing both the concept of waste and
resources and the notion of stewardship toward the ecosystem.
Finally, in Chapter 22, “Power, authority and leadership: A proposal
for organizational theory in the post-bureaucratic era”, Lucia Ciardi
and German Scalzo explore organizations’ political dimension with a
conceptual, philosophical-political, and historical investigation of the
development of the relationship between power and authority. The
authors propose a multidisciplinary analysis and, in particular, capitalize
on the work of Juan Antonio Pérez López to interpret the impact on
management and leadership of the imminent post-bureaucratic era and
the crisis of modernity along with the bureaucratic model that accom-
panies it. The chapter concludes by describing how the coexistence of
power and authority in the figure of the leader is a characteristic feature
of healthy organizations that are focused on human development.
Part I
Philosophical Foundations and Normative
Approaches for Business Management
2
What Should Business Ethics Be? Aims,
Methodology, Substance
Brian Berkey

Introduction
The term “business ethics” is now used to refer to various types of work
done within and across a wide range of academic disciplines. Much of
this work is purely empirical: scholars examine the impact of corporate
policies that are widely regarded to be ethical or “socially responsible” on
the profitability of firms that adopt those policies; they attempt to deter-
mine what features of corporate environments tend to promote behavior
that is widely regarded to be ethical among employees, and what features
of such environments tend to lead to behavior that is generally thought to
be unethical; and they assess which firms tend to be viewed by members
of the public as ethical, and which as unethical, and attempt to determine
what explains these public perceptions.

B. Berkey (B)
University of Pennsylvania, Philadelphia, PA, USA
e-mail: [email protected]

© The Author(s), under exclusive license to Springer Nature 13


Switzerland AG 2022
G. Faldetta et al. (eds.), Philosophy and Business Ethics,
https://doi.org/10.1007/978-3-030-97106-9_2
14 B. Berkey

This kind of work is important, and much of it is essential to


the overall enterprise of business ethics, which surely has as one of
its aims providing the necessary bases for agents in business to make
ethical choices.1 Since making ethical choices often requires accurately
predicting what the most important effects of different available options
would be, empirical work that contributes to our ability to do this
is indispensable. Any adequate view of the scope of business ethics,
however, must include work on normative questions about the proper
conduct of business by firms and the individuals who work within them.2
Normative questions are unavoidably philosophical , since answering them
requires taking a position, at least implicitly, on which values and prin-
ciples ought to guide choice and behavior.3 No amount or type of
empirical research can tell us which values ought to guide our choices,
or to which principles our behavior ought to conform. Answers to these
questions must come from, and be supported by, philosophical reflection
and argument.
Despite the fact that few would deny that some central questions in
business ethics are normative, there has been, and remains, much skepti-
cism about the value of traditional philosophical approaches to answering
these questions. One common variant of this skepticism has its roots
in the thought that scholarship in business ethics must have as one of
its aims providing “practical” guidance to managers and others making
important decisions in real-world business contexts. It is suggested by
skeptics that, for a number of reasons, philosophical approaches, and

1 There is a broader question that can be asked about whether it makes sense to consider all
of the work that is currently referred to as “business ethics” as part of a single, unified field of
scholarly inquiry. I take no position on this question here.
2 There is, in my view, good reason to count a much broader range of normative questions
among those that fall within the scope of business ethics, including, for example, questions
about the obligations of consumers (Hussain 2012; Ferguson and Ostmann 2018; Lawford-
Smith 2018; Barry and MacDonald 2019; Hassoun 2019; Berkey 2021c; Kingston 2021),
questions about the appropriate structure and limits of markets within a society (Satz 2010;
Sandel 2012; Brennan and Jaworski 2016), and questions about international trade justice
(James 2012; Risse and Wollner 2019).
3 Individuals can, of course, take positions on these questions without engaging in philosophical
inquiry—they can, for example, defer to religious texts or leaders, or views that are widely
accepted in their culture. Openness to philosophical inquiry, broadly understood, however, is
essential for the kind of debate about the complex and important issues that work in business
ethics, and ethics more generally, should help us address.
2 What Should Business Ethics Be? Aims, Methodology, Substance 15

in particular those that treat business ethics as largely continuous with


moral and political philosophy more broadly, cannot provide guidance
that is appropriately practical.
Any defense of this criticism of philosophical approaches in business
ethics must include an account of the conditions that must be met in
order for the guidance offered by an argument, principle, or theory to be
sufficiently practical, as well as grounds for thinking that the philosoph-
ical approaches being criticized tend to yield results that fail to meet those
conditions. It is, however, often unclear exactly what skeptics take the
relevant conditions to be, and therefore unclear precisely why we should
think that the views that they target should be rejected. A common
theme is that those who employ traditional philosophical approaches
tend to endorse claims, principles, and theories that are unrealistic and
utopian, as well as too condemnatory of common and widely accepted
features of business practice, such as deception4 or the profit motive.
At a fairly general level, the suggestion seems to be that any view that
implies that the actual motives and practices of typical businesspeople
tend to be ethically troubling should be considered insufficiently prac-
tical. More specifically, the suggestion is that such views cannot provide
the kind of practical guidance to businesspeople that scholarship in busi-
ness ethics must aim to provide. And since, according to proponents of
this line of argument, work in business ethics ought to be constrained
by the requirement to offer practical guidance, traditional philosoph-
ical approaches to business ethics should be regarded as objectionable
in virtue of their aims, methodology, and/or substance.
I have three central aims in the remainder of this chapter. The first
is to defend traditional philosophical approaches to business ethics5
against the criticism that they are insufficiently practical. I do this, in
section “The Aims of Business Ethics”, by arguing that there are two
main ways that the requirement that scholarship in business ethics offer
practical guidance can be understood. On the first, the requirement

4 See, for example, Carr (1968). For critical discussion, see Sullivan (1984), Carson (1993,
2005), Strudler (1995, 2005), Allhoff (2003), and Varelius (2006).
5 In the remainder of this chapter, I use the term “business ethics” to refer only to the subset
of scholarship that is typically referred to by that label that addresses normative questions about
the proper conduct of agents in business contexts.
16 B. Berkey

should, I claim, be rejected, since it is not an appropriate constraint


on acceptable answers to any normative question. And on the second,
the arguments, principles, and theories that are produced by employing
traditional philosophical approaches will, at least in general, satisfy it.
Because of this, we should accept that scholarship in business ethics,
like scholarship in moral and political philosophy more generally, and in
other areas of applied ethics, should take among its central aims offering
arguments, principles, and theories that represent appropriate normative
ideals to govern the behavior and practices at issue.
My second aim is to defend the view that the appropriate method-
ology for pursuing work in business ethics is largely continuous with
the appropriate methodology in moral and political philosophy more
broadly. I do this, in section “Methodology in Business Ethics”, largely
via a critique of approaches that treat business ethics as fundamen-
tally a kind of “professional ethics,” and on which the principles that
ought to guide the behavior of actors in business are grounded primarily,
if not exclusively, in the values that are central to the profession and
provide the justification for its role in society. Proponents of these
approaches sometimes suggest that they represent a plausible middle-
ground between, on the one hand, potentially unrealistic and impractical
philosophical approaches that treat business ethics as largely contin-
uous with moral and political philosophy more generally, and, on the
other, the approaches favored by more thorough-going skeptics of busi-
ness ethics, which offer too little space for normatively justified criticism
of much actual behavior in business. I argue, however, that because of
the immense impact of business activities on a vast range of morally
important values, it is less plausible to approach questions in business
ethics as purely, or even primarily, a matter of professional ethics than
it is to approach questions in, for example, medical or legal ethics in
that way. More generally, I argue that the methodology characteristic of
the professional ethics approach inevitably screens out values that are in
fact relevant to the moral status of conduct in business. Employing that
methodology, then, will unavoidably generate principles and theories
that cannot account for all of the obligations of firms and the individuals
working within them.
2 What Should Business Ethics Be? Aims, Methodology, Substance 17

My final aim is to offer a brief characterization of how we should think


about the substance of business ethics, in light of my arguments about
its proper aims and methodology. I do this, in section “The Substance
of Business Ethics”, by highlighting some of the central ways in which
my arguments suggest that the substance of business ethics ought to
be informed by theoretical work in moral and political philosophy, and
noting some important implications of this view.

The Aims of Business Ethics


As I have noted, a number of those who are skeptical of philosophical
approaches to business ethics have claimed that scholarship in business
ethics must have as one of its central aims offering practical guidance to
managers and other actors in business contexts. And they have suggested
that employing philosophical approaches tends to generate arguments,
principles, and theories that do not provide guidance that meets the
requirement of practicality. In order to assess this charge, it is essential
to consider precisely how critics might understand the requirement that
the guidance provided by scholarship in business ethics be practical.

Stark’s Practicality Requirement

In order to determine what critics might have in mind, it will be helpful


to examine the well-known critique of philosophical approaches in busi-
ness ethics offered by Andrew Stark (1993a). According to Stark, business
ethics at the time that he was writing was largely dominated by those
employing philosophical approaches. And this was regrettable because,
on his view, moral philosophy as it is traditionally practiced has little
of practical value to offer to managers and others working in the busi-
ness world. As he puts it, “the discipline of business ethics has yet to
provide much concrete help to managers” in areas that ought to be its
focus, such as, for example, identifying ethical courses of action in diffi-
cult real-world cases, or helping managers to do what they already know
18 B. Berkey

is right in cases in which competitive and organizational pressures tend


to encourage unethical behavior (1993a, p. 38).6
The central reason that Stark thinks that philosophical approaches
offer little of practical value to managers is that the views that tend
to be defended by those employing such approaches typically imply
that complying with many moral obligations in business will come at
the cost of the agent’s self-interest, the profits of her firm, or both.
Arguments that suggest that managers have such obligations fail to
provide appropriately practical guidance, Stark suggests, in effect because
their implications will tend to be viewed as radical, and managers will
predictably refuse to act in accordance with them. The obligations that
business ethicists defend, “however morally respectable, run so contrary
to existing managerial roles and responsibilities that they become unten-
able” (Stark 1993a, p. 43). If they are to succeed in influencing managers,
“they must advance their proposals with a heightened sensitivity to prac-
titioners’ understanding of their professional-principal responsibilities”
(Stark 1993a, p. 46).
As Joseph Heath rightly points out (2004, pp. 71–72), Stark’s discus-
sion runs together, on the one hand, the pursuit by managers of their
personal self-interest and, on the other, their pursuit of profit maximiza-
tion on behalf of their firms (or, perhaps more precisely, on behalf of
shareholders). This is important because the charge that philosophical
approaches to business ethics should be rejected as insufficiently prac-
tical can be articulated by suggesting that purported moral obligations
to sacrifice one of these in business must be rejected, but it cannot be

6 It is worth noting that while the first of these suggestions regarding what business ethicists
ought to aim to do in their work clearly lies within the domain of normative scholarship, the
second just as clearly does not. Insofar as his aim is to critique the way that normative scholars
have approached their work in business ethics, then, the second suggestion is clearly out of
place, since normative scholars are generally not trained to produce work that has as its aim
motivating people to behave in ways that they know, independently, are morally required. In
addition, this would be an unusual aim to have in producing scholarly work in any field of
inquiry. It seems instead to be a more suitable aim to adopt if one is, for example, acting as
a consultant to a corporation and in a position to shape the decisions of managers. Indeed, to
some extent Stark’s critique can be understood as suggesting that much scholarship in business
ethics is problematic because it does not, and perhaps cannot, play a central role in satisfying
the aims that an ethics consultant might reasonably adopt. As I will argue, however, there are
strong reasons to reject the view that normative scholarship, whether in business ethics or any
other domain, should be constrained by aims of this kind.
2 What Should Business Ethics Be? Aims, Methodology, Substance 19

claimed that obligations to sacrifice either must be rejected. This is, of


course, because they can conflict—sometimes the course of action that
will best promote a manager’s personal self-interest is not the same as the
course of action that would be most profitable for her firm.
On the whole, Stark is, it seems to me, most plausibly interpreted
as primarily claiming that views that require non-trivial sacrifices of
potential firm profits should be rejected as failing to provide sufficiently
practical guidance to managers.7 Nonetheless, there are at least some
grounds for interpreting him as, at least at times, appealing to managers’
self-interest as grounds for skepticism about the practicality of the views
that he critiques. For example, he speaks largely favorably about views
according to which the reason that managers should be ethical can
be characterized in terms of “enlightened self-interest” (Stark 1993a,
p. 39),8 and suggests that views that require managers to be motivated
by altruism are problematic (p. 40).9 Relatedly, he suggests that business
ethicists whose academic background is in moral philosophy have tended
to produce work that fails to address the “real-world moral problems of
management” because their discipline “tends to place a high value on
precisely those kinds of experiences and activities where self-interest does
not rule” (p. 40).
Since managers are not identical with the firms for which they
work, there is at least some awkwardness in interpreting the claim that
managers should be ethical for reasons of enlightened self -interest to
mean that they should be ethical because it is in the interests of their
firms.10 In addition, Stark favorably quotes Joanne Ciulla’s claim that

7 Joseph Monast (1994) also interprets Stark in this way, though he is not always entirely
careful to distinguish profitability from personal self-interest either.
8 He notes, for example, that several scholars have claimed that the primary (and appropriate)
goal of ethical management is to prevent the enactment of regulations that would constrain
firms’ business activities (presumably in ways that would limit their profitability while protecting
or promoting other values).
9 Stark does not deny that individuals, including managers and others acting in business
contexts, are sometimes motivated by altruism (1993a, pp. 43, 46). But he does at least at
times suggest that approaches in business ethics that do not take a significant degree of self-
interested motivation as given, and as a constraint on what individuals can be obligated to do,
must be rejected (pp. 40, 43, 46).
10 Despite this, in the same section Stark does characterize the view that he is describing as
concerned with the effects of ethical behavior on firms’ “bottom line,” and quotes another
20 B. Berkey

“the really creative part of business ethics is discovering ways to do what


is morally right and socially responsible without ruining your career and
company,” and shortly after states that “the key task for business ethicists
is…to participate with managers in designing new corporate structures,
incentive systems, and decision-making processes that are more accom-
modating of the whole employee, recognizing his or her altruistic and
self-interested motivations” (1993a, p. 46). Perhaps most significantly, in
a reply (Stark 1993b) to a critical response to his initial article (Duska
1993), Stark describes his critique as motivated in part by the fact that, in
his view, “the reality of self-interest in managerial psychology is not given
adequate importance” (p. 12) in the business ethics scholarship that he
critiques.

Practicality and Managerial Self-Interest

Because Stark does at times seem to suggest that philosophical


approaches are insufficiently practical in virtue of requiring too much
sacrifice of managers’ self-interest, it is worth considering whether this
charge might be plausible before moving on to consider the alterna-
tive version of the charge that is grounded in the claim that views that
require non-trivial sacrifices of profitability fail to provide sufficiently
practical guidance. The first thing to notice is that there do not seem
to be any grounds on which the claim that an ethical argument, prin-
ciple, or theory that implies that an individual is obligated to make
significant sacrifices of her self-interest should be rejected as insufficiently
practical can be limited to business contexts, or even to professional
contexts more generally. Instead, it would seem to constitute a rather
general basis for skepticism about any normative argument, principle, or
theory that implies that individuals can, at least at times, be obligated to
make significant sacrifices with respect to their personal self-interest. If
this is right, then a significant degree of self-interested motivation would

scholar who claims that there will tend not to be any conflict between the courses of action
that would be chosen by those concerned about social responsibility and “long-range profit
considerations” (1993a, p. 39).
2 What Should Business Ethics Be? Aims, Methodology, Substance 21

have to be accepted as given, and as a constraint on normative scholar-


ship, including in theoretical work in moral and political philosophy that
does not aim to directly address questions of professional ethics.
Stark, however, clearly accepts that scholarship in moral theory is
not subject to the requirement to offer sufficiently practical guidance.
Instead, he claims that there is an important distinction between moral
theory and work in applied and professional ethics, and that only the
latter must satisfy it—“[s]urely, business ethicists are not pure moral
theorists who needn’t worry about the practicality of their prescrip-
tions” (1993a, p. 43). In addition, it would, in any event, be extremely
implausible to think that all normative scholarship must avoid endorsing
views about our obligations that at least sometimes require that individ-
uals accept significant sacrifices of their self-interest. One of the central
debates in moral philosophy in recent decades is about how demanding
morality is, that is, how much sacrifice of one’s own interests it requires
or can require.11 While most participants in this debate reject the most
demanding views, virtually all accept that morality can, at least at times,
require substantial sacrifices of one’s personal interests. Accepting that
normative scholarship is insufficiently practical if it implies that there
are obligations to make significant sacrifices of one’s self-interest would
imply that nearly all work in this central debate is fundamentally miscon-
ceived, and that the central questions that are at issue in the debate
should in fact be treated by all normative scholars as, in effect, settled
in favor of the views on the least demanding end of the spectrum. This
would limit what ought to count as proper normative scholarship much
more than Stark intends, and more than anyone, including critics of
philosophical approaches in business ethics, should find acceptable.
Furthermore, even if there were a plausible basis for applying the
requirement only to scholarship in professional ethics, it is clearly unac-
ceptable to think that scholars working in other areas of professional
ethics must avoid endorsing views that require individuals to forego their
personal interests to a significant extent when acting in their professional
capacities. As Heath notes, the very idea that a doctor’s self-interested

11Just a few of the many important contributions to this debate are Singer (1972), Williams
(1973, 1981), Wolf (1982), Scheffler (1992), Unger (1996), Ashford (2000), Murphy (2000),
Miller (2004), and Buss (2006). I contribute to the debate in Berkey (2016).
22 B. Berkey

motivations could provide grounds for skepticism about an otherwise


plausible claim about her obligations is simply absurd—“[s]uppose the
patient doesn’t really need an operation, but the doctor could make a lot
of money by performing it anyway. What to do, what to do?” (2004,
p. 71). Examples of this kind can easily be multiplied across a range
of professional contexts: A lawyer predicts that if she ensures that her
current client loses his case, she will be able to secure lucrative employ-
ment with his counterparty in the future; an elected official predicts that
if he ensures the passage of a bilateral trade deal with another country
that will predictably harm his constituents, he will be able to secure a
high-paying position with a powerful firm in the other country upon
leaving office. The arguments, principles, and theories defended in these
other areas of professional ethics all reflect the core ethical commitment,
shared with nearly all moral theory, that complying with moral obli-
gations will at least sometimes, and perhaps often, require sacrifices in
terms of one’s own interests.12

Practicality and Profit Maximization

The claim that philosophical approaches in business ethics should be


rejected because they generate prescriptions that are in conflict, to an
unacceptable degree, with managers’ self-interest, then, should clearly
be rejected. It should be entirely unsurprising and uncontroversial that
the obligations of managers, like the obligations of doctors, lawyers,
elected officials, and individuals acting in non-professional capacities,
will sometimes conflict with the pursuit of their own self-interest. As
Heath rightly points out, this possibility follows straightforwardly from
the idea that there are obligations grounded in the other consideration to
which Stark appeals, namely profit-maximization. Just as doctors, when
they are acting in their professional capacity, are generally thought to

12 This is especially important to note in relation to Stark’s discussion, since he claims that other
areas of professional ethics, such as medical and legal ethics, have done significantly better than
business ethics when it comes to offering practical guidance to the relevant professionals (1993a,
pp. 38, 44; 1993b, p. 12).
2 What Should Business Ethics Be? Aims, Methodology, Substance 23

be obligated to act in the best interests of their patients, to the exclu-


sion of consideration of their own interests, if managers are obligated to
maximize profits this is because they are obligated to act in the interests
of shareholders, to the exclusion of their own interests, when they are
acting in their professional capacity.13 The fact that managerial action
that maximizes returns to shareholders can conflict with the manager’s
personal interests, and that this has significant potential implications
for managerial obligations, is noted in a particularly striking way by
Jeffrey Moriarty, who argues that CEOs are obligated to ensure that they
are themselves paid no more than what is required to motivate them
to work to profit-maximizing effect (2009).14 As this example makes
clear, profit-maximization and managers’ self-interest can come apart in
rather significant ways. Accepting that managerial self-interest constrains
the kind of guidance from business ethicists that is sufficiently prac-
tical, then, would threaten the case for an obligation to maximize profits
in the same way, and perhaps even to a similar extent, that it would
threaten many of the obligations defended by those whose approaches
Stark criticizes.
Defenders of Stark’s practicality requirement, then, should not appeal
to managers’ supposed self-interested motivations in order to reject philo-
sophical approaches as failing to offer sufficiently practical guidance. As
I noted above, overall Stark himself emphasizes the role of the pursuit of
profit more than managers’ self-interested motivations (despite also often
running these together) in making his case that philosophical approaches
fail to provide sufficiently practical guidance. He claims, for example,

13 Heath claims that properly structured incentive systems will tend to align managers’ personal
interests and the interests of shareholders, but rightly notes that this alignment of interests,
where it exists, is “accidental and irrelevant from the moral point of view. In the case of a
conflict, the obligations simply trump the relevant set of interests” (2004, p. 72). In other
words, if managers are obligated to shareholders to maximize profits, this obligation does not
depend on its also being the case that maximizing profits best serves the manager’s personal
interests. A manager who blames an improperly designed incentive system for actions that he
took that served his own interests well but were disastrous for shareholders has certainly not
provided a compelling justification for his conduct, even if it is true that the incentive structure
was poorly designed.
14 For a critique of Moriarty’s argument that nonetheless acknowledges that managers do have
obligations to refrain from many self-interest advancing actions (e.g., stacking the board with
members who will overcompensate them), see Kolb (2011). Moriarty replies in his (2011).
24 B. Berkey

that business ethicists tend to objectionably “devalue such traditional


business interests as making a profit or succeeding in the marketplace
in favor of supposedly more important ethical demands” (1993, p. 40).
In addition, he suggests that the primary reason that many of the recom-
mendations of business ethicists are insufficiently practical is that they
require managers to weigh the interests of others against the inter-
ests of “their traditional principals,” namely shareholders (p. 44). These
recommendations, he claims, “simply go against the grain of the tradi-
tional professional-principal relationship” (p. 46), and therefore are “not
particularly useful to managers” (p. 44).
Despite Stark’s arguments, there are strong reasons to reject the claim
that views that require non-trivial sacrifices of firm profitability fail to
provide sufficiently practical guidance. First, we can note that while the
claim that views that require too much sacrifice of an agent’s self-interest
are insufficiently practical can at least be grounded in a coherent (if rather
implausible) account of human motivational psychology, the claim that
it is objectionably impractical to advocate that managers give significant
weight to the interests of non-shareholders who stand to be affected by
their decisions cannot be grounded in any general claims about motiva-
tional psychology. It is not patently absurd (though I think it is false)
to suggest that humans are, in some sense, hard-wired to pursue their
own self-interest in a way and to an extent that makes it unreasonable
to expect them to be persuaded by, and to change their behavior in
response to, even otherwise compelling philosophical arguments in favor
of obligations to make sacrifices for the sake of others’ interests. If this
were true, then there would be a significant sense in which philosophical
defenses of ethical obligations to make significant sacrifices of one’s own
interests would be of limited practical value, and would offer guidance
that might be claimed to be insufficiently practical given the relevant
(hard-wired) psychological facts.
But it cannot plausibly be claimed that individuals who happen to
be managers of firms are somehow psychologically hard-wired to pursue
profits on behalf of their firms and their shareholders, in a way and
to an extent that would make it unreasonable to think that they could
become motivated to consider in a significant way the interests of others
in their decision-making as well, and to weigh those interests against
2 What Should Business Ethics Be? Aims, Methodology, Substance 25

the interests of shareholders. To the extent that managers have a strong


disposition to aim at maximizing profits, this is the result not of hard-
wired and largely unchangeable psychological facts, but of contingent
and changeable social and professional norms, and the (also changeable)
beliefs that sustain those norms. What business ethicists who advocate
views that Stark considers insufficiently practical claim is simply that
some of business’s prevailing norms, perhaps including those according
to which profit maximization is the central value that managers ought
to pursue, are not ethically defensible. And this is the kind of claim
that it must always be possible for scholars working on normative
questions, including questions in applied and professional ethics, to
entertain. Indeed, if claims of this kind were ruled out on the ground
that they provide objectionably impractical guidance, it is not clear that
there would be much of interest that scholars in business ethics could
contribute—their role would seem, at best, to be reduced to the largely
empirical task of determining whether, and if so how, particular firms’
pursuit of profits can avoid conflict with other morally important values.
If it turns out that it cannot, then it would seem that we must simply
accept that managers will prioritize profits, and that their doing so, while
perhaps not always morally admirable, is at least not wrong.15
There are two central reasons to reject the view that the widespread
commitment of managers to prioritizing profit can make it the case that
normative work in business ethics that argues that this commitment
ought to be significantly qualified or replaced provides objectionably
impractical guidance. The first is simply that the norms of professions are
changeable, and do in fact change, sometimes at least in part in response
to normative challenges to existing norms. And the means by which
they change at least sometimes involve individuals within a profession
choosing to act contrary to prevailing norms because they are convinced

15 For roughly, this interpretation of Stark, see Monast (1994, pp. 506–508).
26 B. Berkey

that doing so is morally required.16 One way that those employing philo-
sophical approaches to business ethics can generate arguments that offer
practical guidance, then, is by considering what moral reasons there
might be for favoring norms that differ from the currently dominant
ones, and offering arguments aimed at persuading managers to act in
ways that can help to move the profession in the direction of replacing
the current norms with the ones supported by the arguments. Changes in
the norms of a profession, when they do occur, generally do so gradually,
with a number of factors contributing. But surely normative arguments
can be one of the relevant contributing factors, even if initially they only
persuade a small number of professionals, and perhaps affect the behavior
of even fewer. Because of this, it is implausible to claim that arguments
in defense of changing the norms of a profession cannot provide relevant
and valuable practical guidance.
The second, and more important reason to reject the view that
the place of the norm of prioritizing profit in contemporary business
makes the guidance of normative views inconsistent with it objectionably
impractical is that it would undermine even extremely widely accepted
moral limits on the pursuit of profit. To see why this is the case, consider
Stark’s critical response to Richard De George’s claim that “[i]f in some
instance it turns out that what is ethical leads to a company’s demise…so
be it” (quoted in Stark 1993, p. 40). Stark claims that “managers would
be hard-pressed not to view such prescriptions as restatements of the

16 Consider, as just one example, elected officials in the United States prior to 1865 who
considered the interests of slaves to be relevant to what they ought to do when acting in their
professional capacity. These officials rejected and acted contrary to prevailing norms regarding
who counted as constituents whose interests they had a professional duty to represent, and
contributed to an effort to replace those norms with morally superior ones. However few such
officials there actually were who were motivated by the relevant moral considerations, and
however unlikely it might have been that most would act on the recommendation generated by
the moral argument, it is deeply implausible (to say the least) that any argument in favor of the
view that elected officials have an obligation to consider the interests of slaves could have been
justifiably rejected as failing to provide sufficiently practical guidance, since it was too deeply
in tension with most officials’ existing understanding of their professional responsibilities. I
assume, of course, that Stark and other critics of philosophical approaches in business ethics
would not endorse this claim. It is not clear, however, that they can reject it if they accept
that arguments and views in business ethics are insufficiently practical if, and because, they
imply obligations to act contrary to most managers’ existing understanding of their professional
responsibilities.
2 What Should Business Ethics Be? Aims, Methodology, Substance 27

problem, rather than as workable solutions” (p. 40), which suggests that
he thinks that De George’s claim is an example of guidance produced by
employing a philosophical approach that is insufficiently practical. It is,
however, very easy to imagine cases in which virtually everyone would
agree that a manager is morally required to act in a way that will lead to
her firm’s failure. Imagine, for example, that a manager learns that her
firm’s pacemakers are defective, and it is clear that if it does not continue
selling them, it will be forced to shut down.17 Even if the manager had
good reason to think that the defects would not be discovered, or that
the firm could weather the legal costs and survive it they were, it is
deeply implausible (to put it mildly) that it could be morally acceptable
to continue selling the pacemakers. And surely many managers would in
fact choose to stop selling them, even knowing that this would lead to
the closure of the firm.
Because of this, it is not even the case that views in business ethics
according to which managers must sometimes act in ways that will
result in the failure of their firms offer guidance that managers will
simply not follow. In some cases, they would act in accordance with this
guidance (and in some cases they might even be persuaded to act in
accordance with it in virtue of being confronted with moral arguments,
after initially being tempted to attempt to preserve their firms). So even
if we accepted that arguments, principles, and theories in business ethics
must offer sufficiently practical guidance, and accepted that in order to
meet this requirement scholarship in business ethics must offer guidance
that managers might actually be persuaded to comply with, many of the
views that Stark aims to criticize would not be ruled out.

Assessing the Practicality Requirement

More importantly, however, if it were the case that virtually all managers
would choose to continue selling the pacemakers, so that ethical argu-
ments that imply that they ought not do this would fail to provide
sufficiently practical guidance according to the criterion that I just

17 I take this case from Duska (1993, p. 9). For a similar case, used to make a similar point,
see Monast (1994, p. 507).
28 B. Berkey

described, surely what this would show is that we must either reject the
requirement that scholarship in business ethics provide sufficiently prac-
tical guidance, or else interpret that requirement in another way. This is
because it must be a legitimate aim of scholarship in any area of norma-
tive inquiry to argue that behaviors and patterns of decision-making that
are common and may even typically go largely unchallenged are in fact
ethically unacceptable. The claim that managers should act in ways that
will lead to their firms’ failure in cases like that involving the defective
pacemakers either offers sufficiently practical guidance in virtue of the
fact that managers could follow this guidance, even if they in fact will
not, or else the requirement to provide sufficiently practical guidance
must be rejected, since the claim that a manager ought not continue to
sell the pacemakers is surely correct.
In my view, we should accept the first option here: normative schol-
arship should provide practical guidance, but all that is required in order
to meet this requirement is presenting arguments, principles, or theo-
ries whose prescriptions individuals could comply with if they choose
to. And this simply amounts to accepting the widely endorsed precept
that “ought implies can”. Defenders of Stark might claim that his argu-
ment can be understood as grounded at least largely in the thought that,
perhaps because they fail to take sufficiently seriously the competitive
realities that structure decision-making in business, those who employ
philosophical approaches in business ethics often endorse views that
managers simply could not comply with, even if they tried. This claim,
however, is simply not supported upon examination of most of the argu-
ments, principles, and theories defended in normative business ethics
scholarship. To take just one example, in the debate about whether
sweatshop employers are guilty of wrongful exploitation even if their
employees voluntarily accept their positions and are benefited by their
employment, those who argue that they often are virtually always qualify
their view by insisting that this is the case only if the employers could
have employed their workers on more favorable terms (Meyers 2004,
p. 329; Young 2004; Mayer 2007; Snyder 2008, pp. 390, 398, 400–401,
404; Ferguson 2016; Kates 2019, p. 44; Berkey 2021a).
The most plausible interpretation of the requirement that scholarship
in business ethics provide sufficiently practical guidance, then, is satisfied
2 What Should Business Ethics Be? Aims, Methodology, Substance 29

by virtually all of the philosophical work that Stark sets out to criticize.
Because of this, we should conclude that he and others are wrong to
reject philosophical approaches in business ethics on the ground that
employing them fails to generate arguments, principles, or theories that
offer sufficiently practical guidance. In the relevant sense, these argu-
ments, principles, and theories generally do offer practical guidance,
because they offer prescriptions that individuals could comply with if
they chose to. The fact, if it is a fact, that most people will predictably
not comply with the guidance offered by a view is not itself a reason to
reject that view—this is no less the case in business ethics than it is in
moral theory more generally.
There is nothing objectionable, then, about work in business ethics
that aims to defend normative ideals for the practice of business that are
supported by philosophical reflection, even if there are reasons to expect
that few managers will in fact comply with the guidance offered by those
ideals. Indeed, this kind of work provides the only kind of guidance
that normative scholarship can reasonably aim to provide, insofar as it
is scholarship, aimed at determining the truth about fundamental ques-
tions, as opposed to material produced with the direct aim of affecting
behavior. While the latter aim may be appropriate for those engaged in,
for example, certain kinds of consulting work, it is not appropriate for
scholarly inquiry.

Methodology in Business Ethics


While many scholars working in business ethics accept my claim that
the central aim of scholarship in the field ought to be to defend norma-
tive ideals for the practice of business, there are significant disagreements
about the appropriate methodology to employ in order to accomplish
this. One prominent approach is grounded in the idea that business
ethics should be understood as a kind of professional ethics, akin to the
way that medical and legal ethics are often understood. According to
this approach, the way to determine the content of the principles that
ought to guide the behavior of actors in business is, roughly, to first
30 B. Berkey

determine what values provide the central justification for the profes-
sion’s role in society. These values, on many versions of this “professional
ethics” approach, are at least the primary, and perhaps the only values
that are relevant to the obligations of professionals when they are acting
in their professional capacity. The idea, then, is that by identifying the
values that are central to the justification of a profession, we limit the
range of values that must be taken into account when determining the
obligations of professionals within the relevant field, and thereby the
range of values that they must take into account when deciding what
to do. Other values, which are relevant in other domains of moral
decision-making (such as when individuals are acting outside of their
professional capacity), are, in effect, “screened out” by the professional
ethics approach.
Thomas Donaldson and James Walsh suggest this kind of approach
by posing the question “[l]aw is to justice, as medicine to health, as
business is to _____?” (2015, pp. 181, 187). The motivating idea is,
at least roughly, that each of these professions has a purpose, and that
by identifying this purpose we thereby determine the values that ought,
ultimately, to guide the conduct of professionals within the relevant field.
For example, since the purpose of medicine is to protect and promote
health, the norms that guide the conduct of medical professionals ought
to be such that their being systematically complied with tends to result
in the protection and promotion of the health of patients. A norm
that requires medical professionals to act in their patients’ best interests,
subject to respect for their autonomy, plausibly satisfies this criterion.
Donaldson and Walsh note that it is important to recognize that the
purpose of a profession is a normative matter—the relevant question is
what central goal or goals a profession ought to promote, rather than
what goal or goals actual individuals working within the profession might
have or believe they ought to have. In addition, we must distinguish the
normative purpose of a profession as a whole from the goals that indi-
vidual professionals might be justified in adopting because their doing
so constitutes an effective indirect means to the promotion of the profes-
sion’s normative purpose (Donaldson and Walsh 2015, pp. 187, 198).
For example, the normative purpose of the legal profession is, plausibly,
justice. But it is widely thought that a defense attorney is obligated to
2 What Should Business Ethics Be? Aims, Methodology, Substance 31

provide her client the best possible defense, even if she is certain that
the client is guilty and that justice would, in the particular case at hand,
be best served by a conviction.18 The norm according to which defense
attorneys ought not aim directly at justice, but instead ought to provide
the strongest possible defense for their clients in every case, is justified by
the fact that their doing this will tend to promote justice more than their
attempting to promote it directly would (primarily because it ensures, to
the greatest extent possible, that innocent people are not convicted and
punished). Similarly, it might be that the normative purpose of business,
whatever it is, is best promoted by managers adopting as their direct aim
the promotion of a goal that is not a plausible candidate for the norma-
tive purpose of business, such as maximizing profits, ensuring efficiency,
or succeeding in economic competition (Donaldson and Walsh 2015,
pp. 187–188).
Donaldson and Walsh’s tentative suggestion is that the normative
purpose of business is to optimize collective value, subject to the
constraint of treating everyone affected with dignity (2015, p. 188–189,
193, 195–197, 201). On their view, then, “law is to justice, as medicine
is to health, as business is to optimized collective value” (p. 202). They
define “collective value” as, roughly, the aggregate net benefits produced
by business activity for those who are affected. Their view, then, is that
business activity ought to be oriented, through the norms that agents
such as managers adhere to in their professional conduct, such that busi-
ness activity, as a whole, produces as much benefit for those affected as
possible, without anyone’s dignity being undermined.
While there is much that is appealing about this picture, in my view
the way that Donaldson and Walsh fill out the analogy to law and
medicine is revealing, and suggests that the professional ethics approach
to business ethics is in fact mistaken. In the cases of law and medicine,
a distinctive and at least largely isolable category of individual and/or

18 It is worth noting here that in the context of criminal law, it is widely accepted that
prosecutors ought to aim much more directly at justice in their professional conduct than
defense attorneys. This is because it is widely accepted that it is significantly more important,
morally speaking, to avoid convicting and punishing innocent individuals than it is to ensure
that the guilty are convicted and punished. If this is correct, then prosecutors adopting a policy
of prosecuting every case that they believe that they can win as vigorously as possible will tend
to generate an unacceptable number of convictions of the innocent.
32 B. Berkey

social interests is identified as constituting the normative purpose of


each profession.19 The normative purpose of medicine, for example, is
to protect and promote individuals’ health-related interests, and not any
of their other morally important interests. The view that the normative
purpose of business is to optimize collective value, however, does not, at
least initially, appear to isolate a distinctive subset of individual and/or
social interests as the ones that it is business’s distinctive purpose to
promote. Instead, it would seem that all interests, including, for example,
individuals’ health-related interests, are among those that it is business’s
role to promote.20 If this is correct, then Donaldson and Walsh’s view
would imply that the normative purpose of business is to optimize indi-
viduals’ morally relevant interests quite generally, subject to the dignity
constraint. And this claim looks much more like one that we might
expect to follow from a quite general moral theory than one that might
be developed by employing the professional ethics approach.21 There
is very little, if any, screening out of otherwise morally relevant values
within their view.
I suspect that the reason that Donaldson and Walsh arrive at this type
of view is that they at least implicitly recognize that there is an important
difference, at least of degree, if not of kind, between law and medicine
on the one hand, and business on the other. The actions of profes-
sionals in law and medicine typically have very large effects on a fairly
limited range of individuals and interests, and only much smaller and

19 Identifying the normative purpose of the legal profession as simply “justice” may not be
sufficiently precise, since it might be argued that it is not part of the role of lawyers, in their
professional capacity, to advance the cause of, for example, distributive justice as this notion
is typically understood by political philosophers (see, for example, Rawls 1999). Nonetheless,
it seems to me that even if this is correct, the claim that the normative purpose of the legal
profession is to promote justice can plausibly be given a more precise formulation on which it
would refer to a narrower range of individual and social interests.
20 In addition, this seems to be a plausible view. After all, pharmaceutical firms that produce
drugs that significantly improve individuals’ health seem clearly, at least in that respect, to be
doing something consistent with the normative purpose of business.
21 Of course, there are plausibly morally relevant values apart from individuals’ interests. But it
is worth noting that Donaldson and Walsh want their view to be consistent with a requirement
that agents in business consider the interests of non-human animals, and perhaps even the
value of non-sentient components of the natural world (2015, pp. 198–199).
2 What Should Business Ethics Be? Aims, Methodology, Substance 33

less predictable effects on others. The professional conduct of practicing


doctors, for example, has very significant impacts on their patients, and
on their health-related interests in particular, while typically having much
less significant and often unpredictable effects on the interests of others.
Because of this, it seems plausible that practicing doctors ought, gener-
ally speaking, to aim primarily at promoting the health-related interests
of their patients.22 The decisions of managers in business, on the other
hand, and in particular of those in large firms, have widespread and
significant effects on large numbers of people, and on a wide range of
different types of interests, in many cases over a substantial span of time
(so that even those not born when a decision is made can be significantly
affected—consider, for example, the effects of corporate greenhouse gas
emissions on future generations). Because the potential effects of busi-
ness activity are so extensive, and regularly impact such a wide range of
individuals and types of morally important interests, it is not plausible
that the obligations of business professionals are limited to promoting
only a particular subset of these interests. Donaldson and Walsh’s view
does not have this implausible implication, but I submit that this is
only because their account of the normative purpose of business is not
actually analogous, in the way that they suggest, to the accounts of
the normative purposes of law and medicine to which they refer. Their
view, then, is not of the type that the professional ethics approach is
designed to produce. Instead, it is the type of view one would expect to
be produced by employing the familiar methods of moral and political
philosophy. The professional ethics framing of their discussion, then, is
ultimately misleading, primarily because their use of it does not result in

22 It is worth noting that in cases in which doctors do make choices, in their professional
capacities, that stand to affect a much wider range of individuals and interests, most people
will accept that it can be wrong for them to ignore these individuals and interests and aim only
at promoting the health of their patients. For example, imagine that by providing a treatment
that one of her patients needs in order to avoid losing the use of one of her legs, a doctor
would release a pollutant that would cause several innocent bystanders to lose the use of one
of their legs. It seems clear that the doctor ought not provide the treatment, despite the fact
that this entails failing to best promote the health-related interests of her patient. The norm
according to which doctors ought to aim exclusively at promoting the health-related interests
of their patients seems plausible, then, only because cases of this kind do not arise often.
These cases highlight, however, that this norm cannot be fundamental, and at most happens
to provide reasonable guidance in typical cases.
34 B. Berkey

the screening out of values that typically characterizes the approach and
makes it distinctive.23

The Substance of Business Ethics


In my view, despite the professional ethics framing on the surface,
Donaldson and Walsh arrive, in effect, at a view of the kind that we
should accept in business ethics—namely, one on which the reasons
that are relevant to determining the obligations of business professionals
include all, or at least virtually all, of the reasons that are generally
relevant to determining the obligations of other agents, such as indi-
viduals and governments (reasons, that is, of ethics generally, and of
social justice).24 Of course, agents acting in a professional capacity in
business will often be very differently situated than, for example, govern-
ment agents or private individuals, and have very different capacities.
What they are able to do, which values their actions stand to affect in
significant ways, and therefore what they are obligated to do, will, then,
typically be very different as well. But if I am correct, this will simply be
the result of the fact that the very same fundamental principles will have
different implications for action for differently situated agents, and not,
as the professional ethics approach suggests, the result of different funda-
mental principles applying in business contexts in virtue of the purpose
of the profession as a whole.
The precise implications of a view of this kind depend on what the
correct view is about the range of morally relevant reasons, and about
how all of these reasons weigh up against each other in cases of conflict.
It seems likely, however, that the correct view will imply that much
conduct in business that is widely thought to be permissible is in fact

23 Joseph Heath employs a version of the professional ethics approach in developing his well-
known “market failures approach” to business ethics (2004, 2006, 2014). Heath’s view does
screen out values that are not captured within his efficiency-based account of the justification
of business as a profession. Because of this, I believe that his view cannot capture all of the
obligations of business professionals. For a critique of Heath that appeals to the value of justice
that, in my view, is correct but insufficiently far-reaching, see Singer (2018). I criticize Heath’s
view on the ground that it cannot count the interests of non-human animals in Berkey (2022).
24 I argue for a view of this kind, focusing on justice in particular, in Berkey (2021b).
2 What Should Business Ethics Be? Aims, Methodology, Substance 35

wrong. This should be unsurprising, and should on reflection seem plau-


sible. The influence of the central thought underlying the professional
ethics approach leads to widespread acceptance of conduct in business
that virtually no one would accept as permissible outside of business,
because that thought implies that there is only a narrow range of reasons
(having to do with, for example, profit-maximizing, satisfying consumer
demand, or even promoting the interests of stakeholders somewhat
narrowly defined) that are relevant to determining what business profes-
sionals ought to do. To take just one example, most people would find it
obviously morally unacceptable for private individuals to subject millions
of nonhuman animals to conditions amounting to torture, regardless
of what benefits they might obtain from doing so. Nevertheless, many
people think that executives of firms that operate or source products from
factory farms do not do anything wrong, simply because they are acting
in their capacities as business professionals and aiming to generate profits
and satisfy consumer demand (Berkey, 2022). It is the screening out of
reasons such as the reasons not to subject nonhuman animals to these
conditions that makes the professional ethics approach inadequate.
It is important to note that while rejecting the professional ethics
approach will tend to lead to a more revisionist view about how business
ought to be conducted than its proponents may find entirely plausible,
at least in part because it implies that a wide range of interests beyond
those of shareholders are relevant to a business professional’s obligations,
it need not imply that the interests of shareholders do not, in practice,
play a significant role in determining their obligations. Managers might
have reasons to give substantial weight to the interests of shareholders
in virtue of considerations that are morally relevant quite generally. Alan
Strudler argues, for example, that managers have significant reasons to
pursue (though not necessarily to maximize) profits on behalf of share-
holders because shareholders are particularly vulnerable to the effects of
managerial action (2017, pp. 111, 121–125). He suggests that this can
be understood as an instance of a general moral requirement, defended
by Robert Goodin, to act in a way that “protect[s] the interests of those
who are particularly vulnerable to [one’s] actions” (1985, p. 114). If
this is right, then managers will generally have significant reasons to
promote the interests of shareholders. But since shareholders are not the
36 B. Berkey

only parties who might be vulnerable to the effects of managerial action,


these reasons will sometimes be outweighed by other vulnerability-based
reasons. In addition, they might also at times be outweighed by morally
relevant reasons of other kinds.

Conclusion
In light of my arguments in the previous sections, the picture of what
business ethics should be that emerges is the following. First, scholars
working on normative questions should, like scholars working in other
areas of normative inquiry, aim primarily to develop and defend argu-
ments, principles, and theories that represent ideals that ought to guide
action in the relevant domain. Their work should not be constrained
by any requirement that the guidance offered be “practical,” beyond
that it satisfies the requirement that agents could comply with it if they
chose to. Second, scholars in business ethics should employ the methods
familiar in moral and political philosophy more broadly, and should
reject the professional ethics approach. In other words, rather than begin-
ning by attempting to determine what the normative purpose of business
is, they ought to, for example, consider the implications of generally
plausible principles for relevant cases within business, and where these
conflict with intuitive verdicts about those cases, seek to adjust either the
content of the principles or their judgments about the cases so that they
are, on reflection, both consistent and plausible.25 Finally, substantive
views in business ethics should be such that reasons that are thought, on
reflection, to be relevant in ethics and/or political philosophy generally,
should not be “screened out” as irrelevant to the obligations of business
professionals.

Acknowledgements I am grateful to Richard Shell, Alan Strudler, and two


anonymous reviewers for helpful written comments.

25 This is, roughly, the method of “reflective equilibrium” described initially by John Rawls
(1999, pp. 18–18, 40–45), and widely employed in moral and political philosophy.
Another random document with
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So fare they all that haue no vertue[1798] cand.

19.

The plowman first his land doth dresse and tourne,


And makes it apt or ere the seede hee[1799] sowe,
Whereby hee is full like to reape good corne,
Where otherwise no seede but weede would growe:
By which ensample men may easely knowe,
When youth haue welth before they can well vse it,
It is no wonder though they do abuse it.

20.

How can hee rule well in a common wealth,


Which knoweth not himselfe in rule to frame?
How should hee rule himselfe in ghostly health,
Which neuer learnde one lesson for the same?
If such catch harme theyr parents are too blame:
For needes must they be blinde, and blindly led,
Where no good lesson can be taught or read.

21.

Some thinke theyr youth discret and wisely taught,


That brag, and boast, and weare theyr fether braue,
Can royst, and rout, both lowre, and looke aloft,
Can sweare, and stare, and call theyr fellowes knaue,
Can pill, and poll, and catch before they craue,
Can carde and dice, both cog and foyste at fare,
Play on vnthrifty, till theyr purse bee bare.

22.

Some teach theyr youth to pype, to sing, and daunce,


To hauke, to hunt, to choose and kill theyr game,
To winde theyr horne, and with theyr horse to praunce,
To play at tenis, set the lute in frame,
Run at the ring, and vse such other game:
Which feats although they be not all vnfit,
Yet cannot they the marke of vertue hit.

23.

For noble youth, there is nothing so meete


As learning is, to knowe the good from yll:
To knowe the toungs and perfectly endyte,
And of the lawes to haue a perfect skill,
Things to reforme as right and iustice will:
For honour is ordeyned for no cause,
But to see right mayntayned by the lawes.

24.

It spites my heart to heare when noble men


Cannot disclose their secrets to t’ire frend
In sauegarde sure, with paper, inke, and pen,
But first they must a secretary fynde,
To whome they shewe the bottome of theire mynde:
And bee hee false or true, a blab or close,
To him they must theyr counsayle needs disclose.

25.

And where they rule that haue of lawe no skill,


There is no boote, they needes must seeke for ayde:
Then rulde are they, and rule as others will,
As hee that on a stage his part hath playde:
But hee was taught, nought hath hee done or sayde:
Such youth therfore seeke science of the sage,
As thinke to rule when that ye come to age.

26.

Where youth is brought vp in feare and obedience,


Kept from yll company, brydled of theyr lust,
Do serue God duly and know theire allegiaunce,
Learne godly wisdome[1800] which tyme nor age can rust:
Theire prince, people, and peers needes prosper must:
For happy are the people, and blessed is that land,
Where truth and vertue haue got the ouer hand.

27.

I speake this, Baldwine, of this rufull lord,


Whome I, perforce, do here present to thee,
He faynts so sore hee may not speake a word:
I pleade his cause without rewarde or fee,
And am enforc’d[1801] to speake for him and mee:
If in his youth hee had bene wisely tought,
Hee should not now his wit so deare haue bought.

28.

For what is hee that hath but halfe a wit,


But may well know that rebelles cannot speede:
Marke well my tale, and take good heede to it,
Recount it well, and take it for good reede,
If it proue vntrue[1802] I will not trust my creede:
Was neuer rebell before the world, nor since,[1803]
That could or shall preuayle agaynst his prince.

29.

For ere the subiect beginneth[1804] to rebell,


Within him selfe let him consider well,
Foresee the daunger, and beate [well] in his brayne,
How hard it is his purpose to obtayne:
For if hee once bee entred to the brears,
Hee hath a raging wolfe fast by the ears.

30.
And when hee is once entred to[1805] rule the [beastly]
rout,
Although hee would, he can no way get out:
Hee may bee sure none will to him resorte,
But such as are the vile and rascall sorte:
All honest men, as well the most as lest,
To tast of treason will vtterly detest.

31.

Then let him way how long hee can bee sure,
Where fayth nor frendship may no while endure:
Hee whom hee trusteth most, to gayne a grote
Will fall him from, and assay[1806] to cut his throate:
Among the knaues and slaues where vice is rooted,
There is no other frendship to bee looked.

32.

With slashers, slaues, and snuffers so falshode is[1807] in


price,
The simple fayth is deadly sinne,[1808] and vertue
counted vice:
And where the quarell is so vile and bad,
What hope of ayde then is there to bee had?
Thinks hee that men will run at this or that,
To do a thing they knowe not how or what?

33.

Nor yet what daunger may thereof betyde,


Where wisdome would they should at home abyde,
Rather then seeke, and knowe not what to fynde:
Wise men will fyrst debate this in their minde:
Full suer they are if that they goe to wrecke,
Without all grace they loose both head and necke.
34.

They lose their lands and goods, their childe and wife
With sorrowe and shame shall leade a wofull lyfe:
If hee bee slayne in fielde hee dyeth accurst,
Which of all wrecks wee should accompt the worst:
And hee that dyeth defending his liege lord
Is blist, and blist agayne by God’s owne worde.

35.

And where the souldiers wages is vnpayde,


There is the captayne slenderly obayde:
And where the souldier is out[1809] of feare and dreede,
Hee will bee lacke when that there is most neede,
And priuatly hee seekes his ease and leasure,
And will bee ruled but at his will and pleasure.

36.

And where some drawe forth, [and] other doe drawe


backe,
There in the end must nedes bee woe and wracke:
To hope for ayde of lords it is but vayne,
Whose foretaught wit of treason knoweth the payne:
They knowe what powre a prince hath in his hand,
And what it is with rebells for to stand.

37.

They knowe by treason honour is defaced,


Their ofspring and their progeny disgraced:
They knowe to honour[1810] is not so worthy a thing,
As to bee true and faythfull to their king:
Aboue cognisaunce or armes, or pedigrewe a far,
An vnspotted coate is lyke a blasing star:

38.
Therefore the rebell is accurst and mad,
That hopeth[1811] for that which rebell neuer had:
Who trusting still to tales doth hang in hope,
Tyll at the last hee hang fast by the rope,
For though that tales bee tolde that hope might feede,
Such foolishe hope hath still vnhappy speede.

39.

It is a custome [that] neuer will be broken,


In broyles the bag of lyes is euer open:
Such lying newes men dayly will inuent,
As can the hearer’s fancy best content:
And as the newes do runne and neuer cease,
So more and more they dayly do encrease.

40.

And as they encrease,[1812] they multiply as fast,


That ten is ten hundred, ten thousand at the last:
And though the rebell had once got the fielde,
Thinks hee therby to make his prince to yeelde?
A prince’s power, within his owne region,
Is not so soone brought vnto confusion.

41.

For kings by[1813] God are strong and stoutly harted,


That they of subiects will not bee subuerted:
If kings would yeelde, yet God would them restrayne,
Of whom the prince hath grace and power to raygne:
Who straytly chargeth vs aboue all thing,
That no man should resist agaynst his king.

42.

Who that resisteth his dreade soueraign lorde,


Doth dampne his soule, by God’s owne very worde,
A christian[1814] subiect shoulde with honour due
Obay his souerayne, though hee were a Jewe:
Wherby assured[1815] when subiects do rebell,
God’s wrath is kindled, and threatneth fire and hell.

43.

It is soone knowne when God’s wrath[1816] is kindled,


How they shall speede with whom hee is offended:
If God gieue victory to whom hee liketh best,
Why looke they for it whom God doth most detest?
For treason is hatefull, and abhord in God’s sight,
Example of Iudas that most wicked wight:

44.

Which is the chiefe cause no treason preuayles,


For yll must hee spede whom God’s wrath assayles:
Let traytours and rebelles looke to speede then,
When God’s mighty power is subiect to men:
Much might bee sayde that goeth more nere the pith:
But this sufficeth for a rurall smith.

45.

Baldwine, when thou hearest my reason[1817] in this


case,
Belike thou thinkest[1818] I was not very wise,
And that I was accurst, or else wanted[1819] grace,
Which knowing the end of my fond enterprise,
Would thus presume agaynst my prince to rise:
But as there is a cause that moueth euery woe,
Somewhat there was whereof this sore did growe.

46.

And to bee playne and simple in this case,


The cause why I such matter tooke in hand,
Was nothing els but pryde and lacke of grace,
Vayne hope of helpe, and tales both false and fond:
By meane whereof I did my prince withstand,
Denied the taxe assest by conuocation,
To mayntaine war agaynst the Scottishe nation.

47.

Whereat the Cornish men did much repine,


For they of golde and siluer were full bare,
And liued hardly, digging in the myne,
They sayd they had no money for to spare:
Began first to grudge, and then to sweare and stare,
Forgot theyr due obeysaunce, and rashly fell to rauing,
And sayd they would not beare such polling and such
shauing.

48.

They fyrst accusde the king as authour of their greife,


And then the bishop Moreton, and sir Reinold Bray:
For they then were about the king most cheife,
Because they thought the whole[1820] fault in them lay:
They dyd protest to rid them out of the way:
Such thanke haue they that rule aboue a prince,
They beare the blame of other[1821] men’s offence.

49.

When I perceiude the commons in a roare,


Then I and Flamoke consulted both together,[1822]
To whom the people resorted more and more,
Lamenting and crying, help vs now or neuer,
Breake this yoake of bondage,[1823] then are wee free for
euer:
Wherat [wee] inflamed in hope to haue a fame,[1824]
To bee their captaynes tooke on vs the name.

50.

Then might you heare the people make a shout,


[And cry] “God saue the captaynes, and send vs all good
speede:”
Then hee that fainted was counted but a lout,[1825]
The ruffians ran [abroade] to sowe seditious seede:
To call for company [then] there was no neede,
For euery man laboured another to entice,[1826]
To bee partaker of his wicked vice.

51.

Then all such newes as made for our auayle,


Was brought to me, but such as sounded ill,
Was none so bould to speake or yet bewayle:
Euerich was so wedded vnto[1827] his will,
That foorth they cryed with bowes, sword,[1828] and byll:
And what the rufler spake the lout tooke for a verdite,
For there the best was worst, [the] worst [was] best
regarded.

52.

For when men goe a madding, there[1829] still the viler


part[1830]
Conspyre together, and will haue all the sway:
And bee it well or yll, they must haue all the porte,[1831]
As they will do, the rest must nedes obay:
They prattle and prate as doth the popingaye:
They crye and commaund the rest[1832] to kepe
th’array,
Whiles they may raunge and rob for spoyle and pray.

53.
And when wee had prepared euery thing,
Wee went to Tawnton with all our prouision,
And there we slewe the prouost of Penryn,
For that on the subsedy hee sate in commission:[1833]
Hee was not wise, nor yet of great discretion,
That durst approche his enmies in their rage,
When wit nor reason coulde their yre asswage.

54.

From thence wee went to Wels, where wee were[1834]


receiued
Of this lorde Awdeley as [of] our chiefe captayne,
And so had[1835] the name, but yet hee was deceiued,
For I indeede did rule the clubbish trayne,
My cartly knights true honour did disdayne:
For like doth loue his like, it will[1836] bee none other,
A chorle will loue a chorle, before hee will his brother.

55.

[Then] from Wels to Winchester, [and so] to Blackheath


field,
And there [wee] enchamped looking for more ayde,
But when none came, wee thought our selues begild:
Such Cornishmen as knew they were betrayde,
From their fellowes by night away they strayde:[1837]
There might wee learne how vayne it is to trust
Our fayned frends, in quarels so vniust.

56.

But wee [the sturdy captaynes] that thought our power


was strong,
Were bent to try [our fortune] what euer should betyde:
Wee were the bolder, for [that] the king so long
Deferred battayle: which so increast our pryde,
That sure wee thought the king himselfe did hyde
Within the cyty, therfore with[1838] courage hault,
Wee did determine the[1839] cyty to assault.

57.

But hee [working] contrary to our expectation,


Was fully mynded to[1840] let vs run our race,
Till wee were from our domesticall habitation,[1841]
Where that of ayde or succour was no place,
And then [to] bee plaged as it should please his grace:
[But] all doubtfull playnts, how euer they did sound,
To our best vayle wee alway did expound.

58.

When that the king sawe time, with courage bolde


Hee sent a powre to circumuent vs all:
Where wee enclosde as simple sheepe in folde,
Were slaine and murdred as[1842] beasts in butcher’s
stall:
The king himselfe, what euer [chaunce] might fall,
Was strongly encamped[1843] within Saynt George’s
fielde,
And there abode tyll that hee hearde vs yeelde.

59.

Then downe wee kneelde, and cryde to saue our life,


It was to late our folly to bewayle:
There were wee spoyide of armour, coate, and knife:
And wee, which thought [with pride] the citye to assaile,
Were led in[1844] prisoners, naked as my nayle:
[But] of vs two thousand they had slayne before,
And wee of them three hundred and no more.

60.
[This] my lorde and wee the captaynes of the west,
Tooke [our] inne at Newgate, fast in fetters tide,
Where after tryall[1845] wee had but litle rest:
My lorde through London was drawne on a slide,
To Tower hill, where with an[1846] axe hee dyde,
Clad in his [coate] armour painted all in paper,
Torne[1847] and reuersed[1848] in spite of his behauer.
[1849]

61.

And I with Thomas Flamoke, and[1850] other of our bent,


As traytours at Tiburne our iudgment did obay:
The people looked[1851] I should my fault lament,
To whom I [boldly] spake, that for my fond assaye
I was sure of fame,[1852] that neuer should decaye:
Wherby ye may perceiue vayne glory doth enflame
As well the meaner sort, as men of greater name.[1853]

62.

But as the fickle patient, sometyme hath desyre


To tast the things that phisicke hath denide,
And hath both payne and sorrowe for his hyre:
The same to mee right well may bee applide,
Which while I raught for fame on shame did slide:
And seeking fame, brought forth my bitter bane,
As hee that fyred the temple of Diane.

63.

I tell thee, Baldwine, I muse [right] oft, to see


How euery man for wealth and honour gapeth,
How euery man would climbe aboue the skye,
How euery man th’assured meane so hateth,
How froward fortune oft their purpose mateth:
And if they hap theire purpose to obtayne,
Their wealth is woe, their honour care and payne.

64.

Wee see the seruant more happy[1854] then his lord,


Wee see him lyue when that his lorde is dead,
Hee slepeth sounde, is mery at his boorde,
No sorrowe in his harte doth vexe his head:
Happy [then] is he that pouerty can wed:
What gayne the mighty conquerours[1855] when they
be dead,
By all the spoyle, and bloud that they haue shed?

65.

The terrible towre[1856] where honour hath his seate,


Is hye on rockes more slipper then the yse,
Where still the whorleing wynde doth roare and beate,
Where sodayne qualmes and periles still aryse,
And is beset with many sundry vice,
So straunge to men when first they come thereat,
They bee amased, and do they wot not what.

66.

Hee that preuailes, and to the towre can clyme,


With trouble[1857] and care must needes abridge his
dayes:
And hee that slydes may curse the howre and tyme,
Hee did attempt to geue so fond assayes,
And all his lyfe to sorrowe[1858] and shame obayes:
Thus slyde he downe, or to the top ascend,
Assure himselfe repentaunce is the end.

67.
Wherefore, good Baldwine, do[1859] thou record my
name,
To bee ensample to[1860] such as credit lyes,
Or thrist to sucke the sugred cup of fame,
Or doe attempt agaynst their prince to ryse:
And charge them all to keepe within their syse:
Who doth assay to wrest beyond his strength,
Let him be sure hee shall repent at length.

68.

[And] at my request admonishe thou all men,


To spend well the talent[1861] which God [to them] hath
lent,
[And] hee that hath [but] one, let him not toile for ten,
For one is[1862] too much, vnlesse it bee well spent:
I haue had the proofe, therefore I now repent,
And happy are those men, and blist and blist is hee,
As can bee well content to serue in his degree.[1863]

Maister Cauyll.[1864]
[“It is pity,” quoth[1865] one, “that the meeter is no better, seeing
the matter is so good: you may do very well to helpe it, and a lytle
filing would make it formal.” “The author him selfe,” quoth[1866] I,
“could haue done that, but hee would not, and hath desired me that it
may passe in such rude sort as you haue heard it: for hee obserueth
therein a double decorum both of the Smith, and of himselfe: for hee
thinketh it not meete for the Smith to speake, nor for himselfe to write
in any exact kinde of meeter.” “Well,” sayd another, “the matter is
notable to teach al people, as well officers as subiects, to consider
their estates, and to liue in loue and obedience to the highest
powers, whatsoeuer they bee, whome God either by birth, law,
succession, or vniuersall election, doth or shall aucthorise in his
owne roume to execute his lawes and iustice among any people or
nation. For by all these meanes God placeth his deputies. And in my
iudgement there is no meane so good eyther for the common quiet
of the people, or for God’s free choise, as the naturall order of
enheritaunce by lineall discent: for so it is left in God’s handes, to
creat in the wombe what prince hee thinketh meetest for his
purposes: the people also knowe their princes, and therefore the
more gladly and willingly receiue and obay them. And although some
realmes, more carefull then wise, haue entailed theire crowne to the
heire male, thinking it not meete for the feminine sexe to beare the
royall office: yet if they consider all circumstaunces, and the chiefest
vses of a prince in a realme, they shall see how they are deceiued.
For princes are God’s lieutenauntes or deputies, to see God’s lawes
executed among theire subiects, not to rule according to their owne
lustes or deuises, but by the prescript of God’s lawes: so that the
chiefest poynt of a prince’s office consisteth in obedience to God and
to his ordinaunces, and what shoulde let but that a woman may bee
as obedient vnto God, as a man? The second poynt of a prince’s
office is to prouide for the impotent, nedy, and helples, as widowes,
orphanes, lame, and decrepite persons: and seing women are by
nature tender harted, milde and pitifull, who may better then they
discharge this duty? Yea but a woman lacketh courage, boldnesse,
and stomacke, to withstand the aduersarie, and so are her subiects
an open spoyle to their enemies. Debora, Iaell, Iudith, Thomeris, and
other doe proue the contrary. But graunt it were so: what harme were
that, seing victory consisteth not in witte or force, but in God’s
pleasure.[1867] I am sure that whatsoeuer prince doth his duty in
obaying God, and causing iustice to bee ministred according to
God’s lawes, shall not only lacke warre (bee hee man, woman, or
childe) but also bee a terroure to all other princes. And if God suffer
any at any time to be assayled, it is for the destruction of the
assayler, whether he bee rebell or forayne foe, and to the honour
and profit of the vertuous prince, in whose behalfe, rather then hee
shall miscary, God himselfe will fight with enfections and
earthquakes from the lande and waters, and with stormes and
lightenings from the ayre and skies. Moe warres haue bene sought
through the wilfull and hauty courages of kings, and greater
destructions happened to realmes therby, then by any other meanes.
And as for wisdome and pollicy, seing it consisteth in following the
counsayle of many godly, learned, and long experienced heades, it
were better to haue a woman, who considering her owne weaknes
and inability, should be ruled thereby, then a man which presuming
vpon his owne fond brayne, will heare no aduise saue his owne. You
muse peraduenture wherefore I say this. The franticke heades which
disable our queene, because shee is a woman, and our king
because hee is a straunger, to bee our princes and cheife
gouernours, hath caused mee to say thus mutch. For whatsoeuer
man, woman, or childe, is by the consent of the whole realme
established in the royall seate, so it haue not bene iniuriously
procured by rygour of sworde and open force, but quietly by tytle,
either of enheritaunce, succession, lawfull bequest, common consent
or election, is vndoubtedly chosen by God to bee his deputye: and
whosoeuer resisteth any suche, resisteth agaynste God himselfe,
and is a ranke traytour and rebell, and shalbe sure to prosper as well
as the blacke Smith and other suche haue done. All resist that
wilfully breake any lawe, not being agaynst God’s lawe, made by
common consent for the wealthe of the realme, and commaunded to
be kept by the authority of the prince: or that deny to pay such
duties, as by consent of the high court of parliament, are appointed
to the prince, for the defence and preseruation of the realme.” “You
haue saide very truly herein,” quoth[1868] I, “and I trust this terrible
example of the blacke Smith, will put all men in minde of their duties,
and teach them to bee obedient to all good lawes, and lawfull
contributions. The scriptures do forbyd vs to rebell, or forcibly to
withstand princes, though they commaund vniust things: yet in any
case wee may not doe them: but receiue quietly at the prince’s hand
whatsoeuer punishment God shall suffer to bee layd vpon vs for our
refusall. God will suffer none of his to bee tempted aboue their
strength.”[1869] This talke thus being ended: “I was willed my
maisters,” quoth I, “by maister Holinshed, to bring sir Nicholas Burdet
vnto you.” “Were you?” quoth they: “on his word we will heare what
he sayes.” “Read it, I pray you,” quod one. “You must thinke then,”
quoth I, “that you see him all wounded as he was slaine at Pontoise,
to say as foloweth.”]
How the Valiant Knight Sir Nicholas
Burdet, Chiefe Butler of Normandy,
was slayne at Pontoise, Anno 1441.
1.

“Yf erst at prince’ affayres[1870] wee counted were of


truste,
To fight in waeged warres, as captayne gainst the foes,
And might therefore aliue receiue the guerdon iuste,
Which ay his maiesty employde on those:
Why should wee so keepe silence now, and not disclose
Our noble acts to those remayne aliue,
T’encourage them the like exployts t’achiue?

2.

For if when as wee werde,[1871] for prince and publique


weale,
We might to ech for both haue time and place to speake,
Then why not now, yf wee to both appeale?
Sith both well knowe our dealeings were not weake:
Wee clayme as ryghte, in trueth our myndes to breake,
The rather eke wee thinke to speake wee franchizde
ar,
Because wee serude for peace and dyde in prince his
war.[1872]

3.

Which graunted so, and held deserued due,


I may full well on stage supply the place a while,
Till I haue playnly layde before your vew
That I haue cause, as these, to playne of fortune’s guyle,
Which smirking though at first, she seeme to smoothe
and smyle,
(If fortune bee) who deemde themselues in skyes to
dwell,
She thirleth downe to dreade the gulfes of ghastly hell.

4.

But here I let a while the lady fortune stay,


To tell what time I liu’d, and what our warres were then,
The great exployts wee did, and where our armies laye,
Eke of the prayse of some right honourable men,
Which things with eyes I saw, calde now to minde agen:
What I performed present in the fight,
I will in order and my fall resite.

5.

In youth I seru’d that royall Henry fifte the king,


Whose prayse for martiall feats eternall fame retaynes,
When hee the Normanes stout did in subiection bring,
My selfe was vnder then his ensignes taking paynes:
With loyall hart I faught, pursude my prince his gaines,
There dealt I so that time my fame to rayse,
French wryters yet my name and manhoode prayse.

6.

And erste as Burdet’s diuers warlike wights,


(In Warwickeshire theyr lands in Arrow ar)[1873]
Were, for good seruice done, made worthy knights,
Whose noble acts be yet recounted far:
Euen so my selfe, well framde to peace or war,
Of these the heyre by due discent I came,
Sir Nicholas Burdet knight, which had to name.
7.

That time the noble Iohn of Bedford duke bare sway,


And feared was in Fraunce for courage stout and fell,
Hee lou’de mee for my fight and person, (though I say)
And with revenues mee rewarded yearely well:
I playde the faythfull subiect’s parte, the truth to tell,
And was accounted loyall, constant still
Of stomake, worship great, and warlike scill.

8.

But then, O greefe to tell, ere long this pearelesse king,


When hee restored had his right vnto the crowne
The duchye all of Normandy, eke subiect bring
The Frenchemen all, and set lieutenants in eache towne,
High regent made of Fraunce, then fortune gan to
frowne,
Hee then departed life, too soone alas:
Som men suppose his grace empoysonde was.

9.

Thou fortune slye, what meanste thou thus, these


prancks to play
False fortune blereyde blinde, vnsteady startling still,
What meanste thou turning thus thy flattering face away,
Inconstant where thou bearest most good will?
Is it thy nature then? or iste thy wonted scill?
It cost thee naught, they say it commes by kinde,
As thou art bisme, so are thine actions blinde.

10.

I nothing doubte then thou thy selfe shalt fall:


I trust to see the time when thou shalt bee forgot:
For why thy pride, and pompe and powre must vanish all,
Thy name shall dye for aye, and perish quite I wot:

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