Climas Organizacionales Respetuosos de La Ley en Los Países en Desarrollo

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Received: 25 October 2017    Revised: 8 January 2019    Accepted: 19 January 2019

DOI: 10.1111/beer.12228

ORIGINAL ARTICLE

Law‐abiding organizational climates in developing countries:


The role of institutional factors and socially responsible
organizational practices

Shoeb Mohammad1  | Bryan W. Husted2

1
Schulich School of Business, York
University, Toronto, Canada Abstract
2
EGADE Business School, Instituto The institutional environment of developing countries may lead firms to engage in
Tecnológico y de Estudios Superiores de
unlawful firm conduct, which is a pervasive problem in this context. Our paper
Monterrey, Monterrey, Mexico
examines the effectiveness of organizational practices for ensuring that firms ad‐
Correspondence
here to the law in the light of pressures from the institutional environment to be
Shoeb Mohammad, Schulich School of
Business, York University, Toronto, Canada. unlawful. Using the lens of anomie theory, we investigate: (a) the negative effect
Email: shoeb.mohammad88@gmail.com
of aspects of the institutional context—regulatory burden and lack of industry mu‐
Funding information nificence—on a law‐abiding climate, a type of organizational climate related to un‐
Mitacs, Grant/Award Number: IT05248
lawful conduct, and (b) the role of socially responsible organizational practices in
combating these negative effects. Survey data were collected from 118 firms and
analysed using OLS moderated regression. Our results indicate that a manager's
perceptions of regulatory burden and lack of industry munificence are negatively
related to the extent to which the firm has a law‐abiding climate. Furthermore, our
findings shed light on the ability of socially responsible practices to countervail
this effect. While the negative effect of perceived regulatory burden on law‐abid‐
ing climate weakens when codes of ethics are used more extensively by a firm, it
strengthens when firms hold a CSR certification. The latter finding may be due to
the lack of enforcement associated with the specific certification considered in
our study.

1 |  I NTRO D U C TI O N Given that firm behaviour is a product of both the nature of the in‐
stitutional context and firm characteristics (Martin, Cullen, Johnson,
Unlawful firm conduct is a pervasive problem in developing coun‐ & Parboteeah, 2010), we examine whether organizational practices
tries (Olken & Pande, 2003) that shows no signs of improvement. can ensure firms' adherence to the law to combat institutional pres‐
Recent decades have witnessed an acceleration of firms breaking sures that foster unlawfulness.
the law in developing countries (Zheng & Chun, 2002). The prev‐ In this paper, we appeal to anomie theory and ethical climate the‐
alence of the problem in developing countries is largely attributed ory to explain the basic relationship between aspects of the institu‐
to their institutional context. Conventional wisdom holds that in‐ tional context of developing countries and what we call “law‐abiding
stitutional contexts characterized by resource scarcity tend to fos‐ ethical climate”, as well as the moderating effects of organizational
ter unlawful conduct (Simpson, 1986; Staw & Szwajkowski, 1975). practice in attenuating this relationship. We use the term law‐abid‐
However, this basic proposition does not explain how firms some‐ ing climate to denote the “law and code” ethical climate postulated
times behave in lawful ways despite such institutional conditions. by ethical climate theory. These climates are characterized by the

Business Ethics: A Eur Rev. 2019;1–18. © 2019 John Wiley & Sons Ltd |  1
wileyonlinelibrary.com/journal/beer  
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2       MOHAMMAD and HUSTED

belief among managers that ethical decisions should be made on been established in prior research, the study of the relationship of
the basis of externally imposed societal rules, such as the law and regulatory burden to unlawful firm conduct is novel.
professional codes of conduct (Martin & Cullen, 2009). Accordingly, We define socially responsible practices as organizational prac‐
a law‐abiding climate in our study acts as the moral compass that tices that are intended to foster ethical conduct within a firm. We
inhibits transgressions of the law by firms, such that firms devoid focus specifically on two socially responsible organizational practices:
of a law‐abiding climate are more likely to engage in unlawful con‐ CSR (corporate social responsibility) certification and code of ethics
duct. Anomie theory is well suited as the theoretical mechanism to use. Our approach allows us to examine CSR against the backdrop of
explore how organizational practices attenuate the adverse impact the idiosyncrasies of the institutional context in which it occurs, which
of institutional context on law‐abiding climate due to its ability to is required for ascertaining whether CSR initiatives are effective in
conceptualize a context in which elements of the environment ren‐ achieving their desired consequences in developing countries (Jamali
der law‐abiding means to achieve desired ends unfeasible (Merton, & Carroll, 2011; Jamali & Neville, 1997).
2012). Our study contributes to the ethical climate literature by showing
While the literature on ethical climates has overlooked the role that firms that face regulatory burden and lack of industry munificence
that organizational practices in general have in producing desired have weaker law‐abiding climates as well as shedding light on the
ethical climates (Newman, Round, Bhattacharya, & Roy, 2005), in‐ ability of socially responsible organizational practices to combat this
cluding law‐abiding ethical climates (Simha & Cullen, 2012), a partic‐ influence. Codes of ethics that are used more extensively are found
ularly relevant omission is the examination of the efficacy of socially to weaken the negative effect of regulatory burden on law‐abiding
responsible organizational practices which are intended to foster an climate, while CSR certification is found to strengthen it. The latter,
ethical orientation within firms. The failure to study their efficacy somewhat surprising finding may be due to the lack of explicit sanc‐
represents a significant gap in knowledge for two reasons. Firstly, tions of the certification system applicable to our study.
socially responsible organizational practices, such as CSR (corporate
social responsibility) certifications, are often adopted from devel‐
oped countries, which hinders their efficacy because of the idiosyn‐ 2 | TH EO R E TI C A L BAC KG RO U N D A N D
crasies of developing countries (Jamali, Karam, Yin, & Soundararajan, D E V E LO PM E NT O F H Y P OTH E S E S
1997). Secondly, given the unique institutional pressures of develop‐
ing countries, which firms cannot control, socially responsible orga‐ In this section, we review the concept of law‐abiding climate. We
nizational practices are a potential means by which they can actively then explore how regulatory burden and industry munificence influ‐
promote adherence to the law. ence law‐abiding climate. We then develop hypotheses that relates
We pose the following research question in our study: how can two organizational practices, CSR certification and ethics‐code use,
the use of the organizational practices of CSR certification and codes to the base relationship between these aspects of the institutional
of ethics attenuate the effects of regulatory burden and lack of indus‐ context and law‐abiding climate.
try munificence, aspects of developing‐country contexts that prevent
companies from adhering to law‐abiding climates? It is important to
2.1 | Law‐abiding climate
first understand how the institutional context of developing coun‐
tries leads to the unlawful conduct of firms before examining how Ethical climates are conceptualized as norms and ethical decision cri‐
organizational practices can combat this influence. In uncovering the teria that underlie the decision‐making and subsequent behaviours
determinants of the prevailing ethical climates of firms, the literature of firms in response to ethical dilemmas (Victor & Cullen, 1988).
has focused on internal organizational factors centred around orga‐ They determine the issues that are considered ethically pertinent
nizational form (Liu, Fellow, & Ng, 2004; Malloy & Agarwal, 1995) for a firm and the moral criteria organizational members use to un‐
and strategic and managerial orientations (Morris, 2006; Schminke, derstand, weigh and resolve such issues (Cullen, Victor, & Stephens,
Ambrose, & Neubaum, 2007). The influence of institutional con‐ 2003). By exerting significant influence on the behaviour of mem‐
text on ethical climates, on the other hand, has been understudied bers of an organization (Schminke, Arnaud, & Kuenzi, 2005), ethical
(O’Fallon & Butterfield, 2005; Simha & Cullen, 2012). climates underlie the unlawful conduct of firms.
Accordingly, we take explicit consideration of two factors that While there are five possible ethical climates that each repre‐
are characteristic of the institutional context of developing‐coun‐ sent normative systems that can exist within an organization (Martin
tries and explain how they diminish a law‐abiding climate and lead & Cullen, 2009), we narrow our focus to law‐abiding climate for
firms to engage in unlawful conduct. The first is regulatory burden, three reasons. First, a law‐abiding climate for firms indicates how
which refers to government regulation that is considered by firms to conducive a firm’s norms regarding compliance are to engaging in
be inconsistent and lacking in transparency (Jalilian, Kirkpatrick, & illegal and corrupt acts. Second, law‐abiding climates are considered
Parker, 2007), and the second is lack of industry munificence, which amongst the most desirable ethical climates due to their positive as‐
is the extent to which a firm's industry is unable to provide it op‐ sociation with ethical behaviour (Fritzsche, 2007) and negative as‐
portunities for growth (Dess & Beard, 2001). While the relationship sociation with unethical behaviour (Wimbush, Shepard, & Markham,
between environmental munificence and unlawful firm conduct has 2000). Third, law‐abiding climates are also particularly likely to exist
MOHAMMAD and HUSTED |
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in firms, despite the presence of other ethical climates (Victor & a law‐abiding climate may prevail in firms. Characterizing a common
Cullen, 1987). The law‐abiding climate is distinct in that it is moti‐ experience across all firms in a given context can fail to capture this
vated by external societal rules that are mandated for firms, such variability. For instance, cross‐national studies have measured the
that it is likely to exist in a firm even when it is not the dominant existence of environmental conditions that are conducive to an un‐
ethical climate (Victor & Cullen, 1988). ethical orientation, but have failed to consider whether managers’
perceptions of these factors result in such a mindset being fostered
in firms; inattention to manager‐level perceptions may be the cause
2.2 | Institutional Context
of surprising findings in which firm‐level effects of some cultural and
The institutional environments of developing countries are signifi‐ social‐institutional factors ran contrary to hypotheses (Cullen et al.,
cantly different from those of developed countries in ways that af‐ 1984).
fect the efficacy of socially responsible organizational practices for
ensuring lawful conduct. For this reason, multinational CSR initia‐
2.2.1 | Perceived regulatory burden
tives need to be translated and adapted to the local context, if they
are to be implemented successfully (Forcadell & Aracil, 2002; Jamali Compared to developed countries, governments in developing coun‐
et al., 1997). tries often intervene more extensively in business operations, estab‐
We employ anomie theory to incorporate context into the analy‐ lishing requirements for a greater range of decisions made by firms
sis of ethical climates (Martin & Cullen, 2009). Anomie theory posits (Krueger, 2001). Regulatory burden is experienced by firms when
that structural conditions in an environment, coupled with the socie‐ they face regulation that is inconsistent and unclear (Jalilian et al.,
tal values that emphasize monetary notions of success, cause actors 2007). It is related to excessive bureaucracy that delays or altogether
to experience anomie, a state in which they accept the breaking of blocks transactions, and additional costs that can make economic
societal rules as a normalized practice (Bernard, 2011; Durkheim, activities prohibitively expensive for firms. Anomie theory would
2015). The failure to abide by societal rules is a characteristic found predict that when these consequences are severe enough to pre‐
commonly in developing countries (North, Wallis, & Weingast, vent firms from achieving their goals, managers will likely perceive
2012), which makes the translation and adaptation of CSR to the regulation as impractical and, in response, find ways to work around
local context so vital. regulatory rules. For instance, corrupt practices, such as bribes may
Anomie theory takes into account how a firm's perception of become part of working with the bureaucracy (Khanna & Palepu,
externally imposed rules, such as those defined by the law, are in‐ 1996), with illegal payments being made to regulators to ease or
fluenced by their environment (Cullen, Parboteeah, & Hoegl, 1984). by‐pass regulatory requirements (Leff, 2001; Lien, 2010). The ability
Faced with contextual factors that compromise their ability to of illegal payments to facilitate economic exchanges in developing
achieve performance goals, managers feel justified in taking any countries is evidenced by their positive association with foreign in‐
means to achieve desired ends, which may entail illegitimate prac‐ vestment (Egger & Winner, 2011) and productivity (Méon & Weill,
tices such as breaking the law (Martin et al., 2010). As a result, firms 2015).
stray away from the norms and ethical values characteristic of a Firms can differ in the extent to which they are regulated, based
law‐abiding climate by making decisions that negatively affect such on size and industry, as well as their effectiveness in managing regu‐
a climate. lations, based on their political connectedness, both of which influ‐
We focus specifically on how regulatory burden and lack of in‐ ence managers’ perceptions of the burdensomeness of regulation.
dustry munificence cause firms to perceive lawful and ethical means Given that norms and ethical decision criteria of law‐abiding climates
of goal achievement to be impractical, for two reasons. Firstly, they are contrary to undermining or breaking the rules of the regulatory
are salient characteristics of the institutional context of developing process, we hypothesize a negative relationship between perceived
countries that have not been considered in previous firm‐level stud‐ regulatory burden and the extent to which a firm has a law‐abiding
ies of anomie. Secondly, both regulatory burden (Ali & Isse, 1987; climate.
Friedman, Johnson, Kaufmann, & Zoido‐Lobaton, 2017) and lack of
industry munificence (Simpson, 1986; Staw & Szwajkowski, 1975) Hypothesis 1 Perceptions of regulatory burden by a firm’s
are associated with corruption, making them appropriate for testing managers decrease the extent to which the firm has a law‐
the efficacy of socially responsible organizational practices in main‐ abiding climate.
taining a firm's adherence to a law‐abiding climate. We consider man‐
agers' perceptions of institutional factors rather than conceptualize
them as exogenous factors in order to capture the differences in the
2.2.2 | Perceived lack of industry munificence
ability of firms within a given context to address the challenges they
pose. Managers of firms for which institutional factors are especially In anomie theory, an unequal distribution of opportunities within a
burdensome are more likely to feel that lawful and ethical means of social system explains why some actors are more likely than oth‐
goal achievement are impractical, reflecting their experience of ano‐ ers to undermine societal rules and behave in a deviant way. Those
mie, which will have negative consequences on the extent to which whose environment affords them fewer legitimate opportunities
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4       MOHAMMAD and HUSTED

resort to means outside of what is considered appropriate to main‐ conditions. Adherence to the law therefore underlies much of the
tain their aspirations to cultural prescriptions of success (Messner & mandate of CSR certifications. Similarly, codes of ethics to a great
Rosenfeld, 2012). extent are centred on legal compliance, explicitly stating a compa‐
While pressures for growth are commonly faced by firms in ny's stance on unlawful conduct and outlining the repercussions
order to receive favourable valuations from investors and creditors, for organizational members that break the law. Given that anomie
firms differ in the extent to which they perceive their environment causes legal rules to lose their legitimacy, and consequently, the
to be munificent. A munificent environment is one that provides strength of their regulatory force (Messner & Rosenfeld, 2012),
a firm with adequate growth opportunities (Dess & Beard, 2001; CSR certification and codes of ethics should instill in a firm a
Jambulingam, Kathuria, & Doucette, 2000). stronger law‐abiding climate that is more resistant to the adverse
Munificence is a particularly salient issue for firms in develop‐ effects of the institutional context. Neither of these practices
ing countries, where growth opportunities vary widely across firms. has yet been explored in the context of anomie theory (Martin &
Despite often having high overall rates of economic growth, develop‐ Cullen, 2009).
ing countries afford firms few opportunities for substantial growth
due to a lack of adequate supporting institutions for small firms
2.3.1 | CSR Certification
(Tybout, 2000). The growth prospects for firms are reflected in the
perception of the munificence of the industry environment. Anomie Certification to private management standards set by third parties
theory would predict that if a firm's managers perceive their industry can be obtained by firms to signal desired, unobservable character‐
environment to be lacking in munificence, the firm will experience istics to external stakeholders (King, Lenox, & Terlaak, 2005). These
anomie. A lack of munificence reduces opportunities to invest and private certifications are especially valuable signals of unobservable
expand, limiting the ability of firms to achieve growth targets. As firm characteristics in developing countries where governments
a result of anomie, firms feel a disconnect with the legal rules and often fail to effectively regulate domestic firms (Vogel, 2008), which
guidelines that would normally govern behaviour and perceive that renders formal regulatory compliance an inaccurate signal of firm
illegitimate means are acceptable to achieve desired growth. conduct (Montiel, Husted, & Christmann, 1994). In the light of regu‐
Such a mindset requires firms to steer away from norms and latory processes that are plagued by weak reporting standards, a lack
ethical decision criteria centred on the rule of law since illegitimate of transparency and corruption, which allows firms to obtain permits
means are likely to involve the breaking of legal rules. Accordingly, and licences without meeting mandatory requirements, firms in de‐
we hypothesize: veloping contexts can use private certification as a stronger signal of
their desirable characteristics (Montiel et al., 1994).
Hypothesis 2 The perception of firm managers of a lack of Since abiding by the law is fundamental to much of what is man‐
munificence in its industry environment decreases the extent dated by CSR certifications, adhering to the standards required of
to which the firm has a law‐abiding climate. a CSR certification is at odds with not adhering to the norms and
ethical decision criteria of a law‐abiding climate. This tension would
cause firms to weigh the disadvantages of following the law, induced
by feelings of anomie that result from rules of a regulatory process
2.3 | The moderating role of socially
that is perceived as inconsistent and lacking in transparency, against
responsible organizational practices
the signalling benefits associated with a CSR certification. As a re‐
In this section, we examine the effectiveness of socially responsible sult, CSR certification serves as a means of upholding a firm’s align‐
organizational practices in maintaining a law‐abiding climate in firms ment with a normative legal framework, such that certified firms
that experience anomie. Socially responsible organizational prac‐ reinforce a law‐abiding climate amid the pressure to break the law
tices are of particular relevance to our study because they require created by perceived regulatory burden
firms to embody characteristics and exhibit behaviour consistent
with a law‐abiding climate. By delineating permissible actions from Hypothesis 3a CSR certification moderates the relation‐
those considered impermissible, according to the norms and ethical ship between perceived regulatory burden and the extent to
decision criteria of a law‐abiding climate, we reason that socially re‐ which a firm has a law‐abiding climate, such that the negative
sponsible organizational practices place bounds on a firm and com‐ effect of regulatory burden on law‐abiding climate is weak‐
bat the negative effect that regulatory burden and lack of industry ened for firms that are certified to a CSR standard.
munificence have on a law‐abiding climate.
The socially responsible practices we consider are 1) CSR cer‐ CSR certification would similarly come into play when firms
tification, and 2) code of ethics use. We take these practices into deliberate their actions upon facing limited prospects for growth
consideration because legal compliance is a key component for and experiencing the resulting feeling of anomie. The decision of
both CSR certifications and ethics codes. Typically, CSR certifica‐ whether to reap the benefits from breaking the law, stemming from
tions require firms to adhere to legal standards, such as maintain‐ the opportunities that a firm is able to exploit by being unlawful,
ing transparent corporate governance and providing safe working such as reducing costs related to environmental compliance, would
MOHAMMAD and HUSTED |
      5

be weighed against the benefits of certifying to a CSR standard, such breaking the law, the extensive use of an ethics code would instill
as attracting customers concerned about the environment. When in a firm an ethical value system that would favour regulatory com‐
faced with pressure to break the law in the light of an industry envi‐ pliance even at the cost of economic disadvantage. The extensive
ronment that lacks munificence, certified firms would be more likely use of a code would therefore counter the temptations of firms to
to follow the norms and ethical decision criteria of a law‐abiding cli‐ break the law that is induced by regulatory burden. Accordingly,
mate to ensure adherence to the mandate of a CSR certification in we hypothesize that greater use of an ethics code attenuates the
order to continue experiencing its signalling benefits. Accordingly, negative effect of perceived regulatory burden on a law‐abiding
we hypothesize: climate.

Hypothesis 3b CSR certification moderates the relationship Hypothesis 4a The extent to which codes of ethics are used by
between perceived lack of industry munificence and the ex‐ a firm moderates the relationship between perceived regulatory
tent to which a firm has a law‐abiding climate, such that the burden and the extent to which a firm has a law‐abiding climate,
negative effect of lack of industry munificence on law‐abid‐ such that the negative effect of regulatory burden on law‐abid‐
ing climate is weakened for firms that are certified to a CSR ing climate is weakened for firms that make greater use of their
standard. ethics code for strategic decision‐making.

The extensive use of an ethics code would have a similar effect


when firms are pressured to break the law as a result of experi‐
2.3.2 | Code of ethics use
encing anomie due to limited growth prospects. Breaking the law
While it is known that the overwhelming majority of firms adopt an can help firms achieve competitive advantage or other goals they
ethics code since it is a de facto standard in governance (Stevens, may have by affording them opportunities for growth that they
Steensma, Harrison, & Cochran, 2005; Weaver, Trevino, & Cochran, would not be able to pursue if they were to conduct themselves
1999), not all codes of ethics serve the purpose of aligning the deci‐ lawfully. When decisions in a firm are routinely made based on the
sions of the firm to an ethical framework. The actual use of such norms and decision criteria enforced by an ethics code, the ethical
codes by executives is highly variable (Carroll & Buchholtz, 2003), value system that is fostered as a result will dissuade them from
given the possibility that management adopts policies, such as a code breaking the law. The rigorous use of legal norms to evaluate de‐
of ethics, to create a favourable impression on stakeholders without cisions that is associated with the extensive use of an ethics code
applying them in practice (Stevens, Kevin Steensma, Harrison, & would counteract a firm's inclinations to be unlawful caused by a
Cochran, 1986; Westphal & Zajac, 1999). perceived lack of industry munificence. Therefore, we hypothesize
While research in ECT has incorporated the presence of an that the greater use of an ethics code attenuates the negative ef‐
ethics code as a cause of differences in ethical climate (Agarwal & fect of a perceived lack of industry munificence on a law‐abiding
Malloy, 1999; Peterson, 2002), a distinction based on their actual climate.
use by firms has not been made in the ECT literature even though
it speculates that codes engender differences in prevailing ethi‐ Hypothesis 4b The extent to which codes of ethics are used
cal climates (Martin & Cullen, 2006). The ability of ethics codes by a firm moderates the relationship between perceived lack
to provide guidance for dealing with the “grey areas” of business of industry munificence and the extent to which a firm has a
decisions (Berman, Wicks, Kotha, & Jones, 1999; Quinn & Jones, law‐abiding climate, such that the negative effect of a lack of
1995) influences the moral relativism experienced by managers in industry munificence on law‐abiding climate is weakened for
adhering to norms and ethical decision criteria, where the benefits firms that make greater use of their ethics code for strategic
of doing so are weighed against its practicality. Codes of ethics decision‐making.
provide rules and guidelines pertaining to legal matters, such as
fraud, bribery and accuracy of company records, to ensure that a Figure 1 below depicts the theoretical model.
firm’s conduct is aligned to a normative legal framework (O’Dwyer
& Madden, 2006). As a result, firms that use an ethics code more
3 | DATA
extensively are more likely to defer to the norms and decision‐
making criteria that conform to the rule of law when making deci‐
3.1 | Research setting
sions in which adherence to the law is evaluated against its ability
to allow firms to accomplish their goals. Such would be the case Mexico is a relevant context for our study given the wide‐spread
when a firm perceives regulation to be inconsistent and lacking in disregard for the law that has long plagued the country (Knight,
transparency, since adhering to the requirements of burdensome 1996; Wilhelm, 2017). For instance, 40% of Mexican entrepre‐
regulation can put a firm at an economic disadvantage. In the neurs agree that the most effective way to gain a competitive
light of the economic disadvantage that would be circumvented ­advantage is through bribes and connections (Mexican Institute for
by avoiding or easing regulatory requirements, which would entail Competitiveness, 2015). The prevalence of unlawful firm conduct
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6       MOHAMMAD and HUSTED

F I G U R E 1   Conceptual model

in Mexico can be seen most tangibly by the incidence of corrup‐ of one of our variables, the use of an ethics code at a firm, pre‐
tion, which is estimated to cost the country five percent of its GDP sumes that a firm has a code to begin with. We feel this approach
and is considered a key contributing factor to the lack of competi‐ is justified since the mere presence of an ethics code alone is not
tiveness of Mexican firms (Mexican Institute for Competitiveness, very indicative of whether it has been used extensively by a firm
2015). (Carroll & Buchholtz, 2003), which would be required for codes
of ethics to be an effective influence on the law‐abiding climate
of firms. Out of these 188 responses, 118 were useable for the
3.2 | Data collection
purpose of this study after taking into account missing informa‐
Our survey sample was obtained from a directory of firms in the tion. Our response rate is comparable to other studies in the Latin
American Chamber of Commerce of Mexico (Amcham). Amcham is American context (Carneiro et al., 2011; Ramos‐Garza, 2009) and
a non‐profit organization whose aim is to represent the interests the relative number of useable responses compared to total re‐
of its members, which tend to have a trade relationship with the sponses is reflective of the tendency in Mexico for surveys to be
United States or are the Mexican subsidiaries of U.S firms, by returned incomplete (Merino & Vargas, 2013).
promoting policies that positively impact trade and investment The survey instrument consists of items drawn from existing
between the United States and Mexico. The chamber’s members constructs that have been adapted to fit the Mexican context. The
typically consist of small to medium size firms, justifying our sin‐ adaptation process consisted of translating items from English to
gle‐respondent approach (Li & Atuahene‐Gima, 2001; Phillips, Spanish, while maintaining their intended meaning. In a few cases,
1981) in which a single executive or manager at each firm was minor changes were made to increase their relevance to Mexico. An
asked to answer Likert‐scale questions regarding the experience extensive pre‐testing process ensured the survey’s external validity
of the firm. Surveys were sent primarily to firms in Mexico’s three through in‐depth interviews with Mexican experts, including two
major industrial centres: Monterrey, Guadalajara and Mexico City. executives, four business professors and four executive MBA stu‐
Respondents were incentivized to answer the survey by being dents currently working as managers. Final face validity testing was
placed in a lottery to win one of three gift cards to a popular de‐ conducted with a panel of Mexican PhD students. A back translation
partment store valued at 2,500 Mexican pesos (about US$125.00). of the Spanish language survey instrument to English was conducted
Although 220 responses were obtained by email and regular mail, and differences were reconciled by the research team.
out of a total of 1,330 firms (a response rate of about 17%), we lim‐ A number of steps were taken to reduce the risk of socially desir‐
ited our sample to the 188 responses from managers who indicated able responses, a risk associated with doing ethics related research
their firm has an ethics code. We did so because the measurement (Randall & Fernandes, 1991). Online distribution allowed for the
MOHAMMAD and HUSTED |
      7

self‐administration of the survey and the instrument contained a the number of employees, foreign ownership, and sales, respec‐
strongly worded guarantee of anonymity, both of which are recom‐ tively, as control variables. Data on sales and number of employees
mended for surveys dealing with sensitive information (Reinikka & were both obtained from the AMCHAM directory.
Svensson, 2006). Partnership with a Mexican business school and We controlled for firm age and also industry‐specific effects,
formal sponsorship by the American Chamber of Commerce pro‐ which were coded using dummy variables based on their two‐digit
vided the survey with credibility and helped to establish trust as the SCIAN classification (Sistema de Clasificación Industrial de América
respondents are likely familiar with both organizations. del Norte), the Mexican counter‐part to NAICS (North American
Industry Classification System). These classifications were obtained
from SIEM, a government operated database of Mexican businesses.
3.3 | Measures
Firms not listed in SIEM were categorized through manual inspec‐
Since managers’ perceptions and interpretations of their environ‐ tion. Table 1 displays correlations between constructs and descrip‐
ment influences their decision‐making (Boyd, Dess, & Rasheed, tive statistics.
1993), perceptual measures are well suited for this study to under‐
stand how regulatory burden and lack of industry munificence af‐
4 | R E S U LT S
fects a firm’s law‐abiding climate.
Our measure of law‐abiding climate was obtained from the orig‐
4.1 | Construct validation
inal law‐and‐code scale of Victor and Cullen (1983), consisting of
four items that capture the extent to which laws and professional A confirmatory factor analysis (CFA) was used for construct vali‐
standards are taken into consideration when making decisions. The dation. Distinct factors corresponding to each construct were
regulatory burden measure consists of four items from a previous produced with eigenvalues greater than 1.0, accounting for 72%
firm‐level survey administered by a Mexican university that gath‐ of the total variance. Each construct is internally consistent, with
ered data on business perceptions of corruption in Mexico, the composite reliability values being greater than 0.80 (Nunnally &
“Governance and Business Development Survey” (EDGE, 2001), Bernstein, 1994). All items loaded significantly on their respec‐
which has been used in prior management studies (Montiel et al., tive constructs with factor loadings ranging from 0.63 to 0.89,
2012). The items corresponding to the measure evaluate the clarity and there were no significant cross‐loadings (all were less than
and predictability of regulation facing firms; accordingly, items were 0.15 in magnitude). This indicates that the multi‐item scales meas‐
reverse coded to gauge the burdensomeness of regulation facing a ure independent constructs, supporting discriminant validity.
firm. Furthermore, the recommended AVE (average variance extracted)
Industry munificence is a four‐item measure adapted from benchmark of 0.50 was surpassed for each construct (Fornell &
Jambulingam, Kathuria, and Doucette (2005) who originally used it Larcker, 1981). The measures, their individual item loadings, as
to measure the perception of pharmacy managers with regard to the well as the composite reliabilities and AVE statistics, are reported
opportunities for growth that exist in their “business environment.” in the Appendix.
To accommodate the use of the measure in our study, we adapted it HTMT (Heterotrait‐monotrait) ratio of correlations, an addi‐
to reflect the perception of managers more generally of their indus‐ tional test of discriminant validity, was calculated for each construct
try. Since the items inquire about the firm’s growth opportunities, (Henseler, Ringle, & Sarstedt, 2015). HTMT correlations were calcu‐
items were reverse coded to gauge the perceived lack of industry lated using PLS (partial least squares), a variance‐based structural
munificence. equation model (SEM) considered the optimal technique for their
CSR certification is a binary variable measured according to computation (Henseler et al., 2015) (results are available from the
whether a firm possesses Empresa Socialmente Responsible (ESR), authors upon request). The maximum HTMT value was found to be
a prominent CSR certification in Mexico, awarded by Cemefi, the 0.34, well below the recommended threshold of 0.85, providing fur‐
Mexican Centre for Philanthropy. Data corresponding to this vari‐ ther evidence of discriminant validity (Kline, 2011).
able were obtained from the listing of companies awarded ESR on
the Cemefi website. ESR is a voluntary standard to which firms
4.2 | Tests for sources of bias
across industries can adhere and is based on a firm's commitment
to environmental preservation, community involvement and devel‐ We conducted multiple statistical tests to rule out common method
opment, quality of life of its employees, and ethics and corporate bias (CMB). CMB represents the risk that results can be biased in
governance. an unpredictable manner when data on both the independent and
We measured code of ethics use with a scale from Stevens et al. dependent variable are collected from the same survey instrument.
(1986), consisting of five items which evaluates the extent to which Two iterations of Harman’s single factor test were conducted to
an ethics code is used in guiding the firm’s strategic decisions. test for CMB. Firstly, we used another CFA to compare our model to
Organizational size, ownership type, and endowment of slack a model constrained to a single factor (Podsakoff, MacKenzie, Lee, &
resources are thought to determine ethical climate perceptions Podsakoff, 2003). A significantly worse fit for the single factor model
(Martin & Cullen, 2006). To incorporate these factors, we included provided evidence against CMB. Secondly, we used a procedure
|
8      

TA B L E 1   Construct correlations, means and standard deviations

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

1. Law‐abiding
climate
2. Regulatory Burden −0.26
3. Lack of industry −0.15 0.13
munificence
4. Code of ethics use 0.29 −0.14 −0.23
5. CSR certification −0.04 −0.09 0.12 −0.02
6. Size (# of −0.04 −0.02 0.11 0.13 0.21
employees)
7. Sales 0.20 −0.08 −0.01 0.09 −0.03 0.25
8. Foreign 0.13 −0.0.05 0.13 0.09 0.14 0.50 0.36
Ownership
9. Age 0.06 −0.04 0.24 0.01 −0.06 0.22 0.30 0.01
10. Professional 0.05 −0.08 −0.07 −0.01 0.09 −0.18 −0.32 −0.33 −0.04
Service
11. Wholesale and 0.10 0.06 −0.01 −0.07 −0.06 −0.01 0.27 0.13 0.19 −0.30
Retail
12. Manufacturing 1 −0.07 0.18 0.15 −0.11 −0.01 0.12 0.07 −0.09 0.03 −0.15 −0.11
13. Manufacturing 2 −0.01 0.04 0.03 0.01 −0.08 0.16 0.12 0.13 0.08 −0.16 −0.12 −0.06
14. Manufacturing 3 −0.05 0.10 0.03 0.01 0.02 0.25 0.22 0.18 −0.04 −0.25 −0.18 −0.09 −0.10
15. Other industries 0.001 −0.15 −0.04 0.04 −0.02 −0.14 −0.18 0.08 −0.11 −0.40 −0.29 −0.15 −0.16 −0.25
Mean 6.34 3.81 2.56 6.27 0.09 1.44 0.38 1.60 26.17 0.29 0.18 0.05 0.06 0.13 0.28
Standard deviation 0.63 1.52 1.09 1.01 0.29 0.59 0.49 0.84 21.71 0.46 0.38 0.23 0.24 0.34 0.45

Notes. Correlations at 0.15 and above are significant at p < 0.05; Correlations at 0.20 and above are significant at p < 0.01, with the exception of the correlation between age and size, which is significant at
p < 0.05.
MOHAMMAD and HUSTED
TA B L E 2   Results of OLS analysis of law‐abiding climate, with standard errors clustered at the city level, using wild bootstrap clustering (n = 118)

Parameter estimates
Dependent variable: law‐abiding
climate Model 1 Model 2 Model 3

Explanatory variables Hypothesis β 95% C.I β 95% C.I β 95% C.I

Institutional factors
MOHAMMAD and HUSTED

Regulatory burden H1 −0.30*** (0.064) −0.43 –0.18 −0.25*** (0.056) −0.36 –0.14 −0.28*** (0.048) −0.38 –0.19
**
Lack of industry munificence H2 −0.21 (0.077) −0.35 –0.05 −0.07 (0.054) −0.18 0.03 −0.07 (0.054) −0.18 0.03
Organizational practices
CSR certification −0.35*** (0.122) −0.60 –0.12 −0.13 (0.112) −0.36 0.08
COE use 0.39*** (0.061) 0.27 0.51 0.35*** (0.038) 0.27 0.42
***
Regulatory burden × CSR H3a −0.47 (0.089) −0.64 –0.29
Regulatory burden × COE use H4a 0.09 (0.107) −0.12 0.30
***
Regulatory burden (COE use = mean −0.34 (0.117) −0.58 –0.12
−1 SD)
Regulatory burden (COE −0.25*** (0.054) −0.36 –0.15
use = mean)
Regulatory burden (COE use = max −0.17 (0.120) −0.40 0.07
value)
Lack of industry munificence × CSR H3b −0.22** (0.082) −0.39 –0.07
Lack of industry munificence × COE H4b 0.10 (0.066) −0.03 0.23
use
Lack of industry munificence (COE −0.17 (0.105) −0.38 0.03
use = mean −1 SD)
Lack of industry munificence (COE −0.08 (0.054) −0.18 0.03
use = mean)
Lack of industry munificence (COE 0.01 (0.051) −0.09 0.11
use = max value)
Controls
Industry dummies included
Size (# of employees) 0.20 (0.099) −0.51 –0.12 −0.15 (0.153) −0.45 0.15 −0.20 (0.138) −0.47 0.07
Foreign ownership 0.43 (0.18) 0.07 0.76 0.37 (0.158) 0.06 0.68 0.36 (0.151) 0.06 0.65
Sales 0.20 (0.12) −0.02 0.45 0.12 (0.115) −0.10 0.35 0.17 (0.089) 0.01* 0.36
Age 0.004 (0.003) −0.002 0.008 0.002 (0.003) −0.004 0.008 0.001 (0.003) −0.005
0.007
r2 0.16 0.30 0.28
p value <0.05 <0.01 <0.01
|
      9

Note. Standard errors are in parentheses.


*
p < 0.1 **p < 0.05 ***p < 0.01.
|
10       MOHAMMAD and HUSTED

recommended by Podsakoff, MacKenzie, & Podsakoff (2012) based the “situation” in question is left open‐ended and does not refer
on adding another common methods factor to the original measure‐ specifically to a firm’s institutional context, use of codes of ethics,
ment model. The factor accounted for only 4.58% of the model vari‐ or law‐abiding climate. The correlation between the marker vari‐
ance. Furthermore, the factor loadings of all items were below 0.31 able and the dependent variable (r = −0.13) lacks statistical signif‐
with the exception of a single item. The common methods factor also icance, unlike the correlations between the independent variables
did not exhibit internal reliability or discriminate validity, producing contained in the survey and the dependent variable, which are all
a composite reliability of 0.58 and an AVE of 0.003, which provides significant at p = 0.05. Furthermore, the correlations between the
further support that our results do not suffer from CMB. marker variable and the independent variables are all low, ranging
Next, we conducted the correlational marker technique as out‐ from −0.048 to 0.060, in support of its discriminant validity. After
lined by Lindell and Whitney (2001) in order to test for CMB. The performing the partial correlation adjustment of the independent
technique uses a marker variable, which is a variable that is theo‐ variables with the dependent variable, all bivariate correlations re‐
retically unrelated to the subject variables in the study and has a mained statistically significant, suggesting that the results cannot
low level of correlation with those variables. The marker variable be attributed to CMB.
is used to estimate potential CMB and then attenuates the correla‐ We also attempted to detect various response biases. Results of
tion between subject variables by adjusting them for the effect chi‐square tests demonstrated no significant differences between
of the bias. While our survey did not include an intended marker respondents and non‐respondents based on geographic location or
variable, a specific item that asked whether managers of a firm are firm size. A series of ANOVA tests were conducted to test for differ‐
tolerant about the ambiguity of a firm's situation was identified ences in responses between early respondents (those who answered
post hoc as meeting the criteria for a marker variable. Tolerance of the survey within the first three email mailings) and late respondents
ambiguity is theoretically unrelated to the subject variables since (those who answered the survey after the first three email mailings),

F I G U R E 2   Law‐abiding climate by perceived regulatory burden for firms with and without CSR certification
MOHAMMAD and HUSTED |
      11

revealing no significant differences. Lastly, ANOVA tests were also From model 1, it can be seen that perceived regulatory burden
conducted to test for differences between email respondents and had a significant negative effect on law‐abiding climate (β = −0.30,
the ten responses received through physical mail, again, revealing no p < 0.01), confirming hypothesis 1. Also from model 1, perceived
significant differences across all survey items. lack of industry munificence had a negative effect on law‐abiding
climate, as predicted (β = −0.21, p < 0.05). Furthermore, the main ef‐
fect of perceived lack of industry munificence loses its significance
4.3 | Hypothesis testing
in models 2 and 3. Thus, hypothesis 2 is only partially supported.
Since our data follows a normal distribution, hypotheses were tested Next, model 2 investigated the moderating effects of the orga‐
using OLS regression with standard errors clustered at the city level, nizational practices on the relationship between perceived regula‐
the results of which are featured in Table 2. tory burden and law‐abiding climate. To facilitate interpretation of
To alleviate concerns that the relatively small number of clusters these relationships, the significant interactions are plotted in Figures
in our data (15) is underestimating standard errors and thus biasing 2 and 3. In these plots, the convention of +/− 1 standard deviation
our results (Cameron, Gelbach, & Miller, 2008), we ran our regres‐ was used to characterize high and low levels of perceived regulatory
sions using the wild bootstrap method of clustering that is recom‐ burden for firms that differ on each organizational practice. Scores
mended for more accurate standard errors when a small number of were standardized for the purpose of comparability across variables
clusters are used. Model 1 shows the results pertaining to the main and relationships. In hypothesis 3a, we predicted that perceived reg‐
effect hypothesis pertaining to institutional factors, while models 2 ulatory burden would affect the presence of a law‐abiding climate
and 3 show the results pertaining to the moderation hypotheses of differently based on whether a firm was certified to a CSR standard.
organizational practices. The main effect of CSR certification is significant at the 1% level

F I G U R E 3   Law‐abiding climate by perceived regulatory burden for firms with code of ethics use at the mean and one standard deviation
below the mean
|
12       MOHAMMAD and HUSTED

and has a negative coefficient (β = −0.35, p < 0.01), providing sup‐ particularly important in the developing‐country context where un‐
port that adoption of such a standard alone has a negative impact lawful firm conduct is commonplace and considered to be an inhibi‐
on law‐abiding climate. The associated interaction term is significant tor to development and prosperity (Mauro, 1995). Accordingly, our
and negative (β = −0.47, p < 0.01), indicating that CSR certification study investigated whether the socially responsible organizational
amplifies the negative effect of perceived regulatory burden on practices of code of ethics use and CSR certification can attenuate
law‐abiding climate, contrary to our prediction. This can be seen in the adverse impact that regulatory burden and lack of industry mu‐
Figure 2 by comparing the steeper slope for firms that hold a CSR nificence can have on a law‐abiding climate.
certification to the flatter slope for firms that do not hold a CSR
certification.
5.1 | Theoretical implications
In hypothesis 4a, we predicted that the extent to which an ethics
code is used at a firm moderates the relationship between perceived We help fill the void in the literature on the influence of contextual
regulatory burden and the presence of law‐abiding climate. First, factors on ethical climates (Newman et al., 2017; Simha & Cullen,
the main effect of code of ethics use is both significant and posi‐ 2005), focusing on those particularly salient to developing countries.
tive (β = 0.39, p < 0.01), indicating that greater use of an ethics code Consistent with our prediction, and corroborating country‐level
by a firm increases the extent to which it has a law‐abiding climate. findings on the effects of harmful regulation (Friedman et al., 2000;
Since code of ethics use is a continuous variable, to facilitate the Schneider, 2005), a manager’s perception of regulatory burden is
interpretation of its moderating influence, we present both the main found to reduce the extent to which the firm has a law‐abiding cli‐
interaction term and the conditional interaction terms. Although mate. Furthermore, it suggests that firms in developing countries,
the main interaction term is not significant, the conditional interac‐ in which regulation is often unpredictable, adapt by placing less
tion terms evaluated at the value of the mean of code of ethics use emphasis on norms and ethical decision criteria that promote ad‐
and one standard deviation below the mean and its maximum value herence to the rules of the regulatory process. Partial support was
demonstrate the range of values at which a moderating effect oc‐ found for the hypothesis that a manager’s perception of the lack of
curs.1 Whereas the interaction term at the maximum value of code industry munificence reduces the extent to which the firm has a
of ethics use is not significant, the interaction terms at both one law‐abiding climate, which supports the conventional wisdom in the
standard deviation below the mean and at the mean are significant literature that a lack of munificence is positively related to illegal be‐
(p < 0.01). Furthermore, the magnitude of the coefficient of the con‐ haviours (e.g., Clinard, Yeager, Brissette, Petrashek, & Harries, 1979;
ditional interaction terms rises going from one standard deviation Vaughn, 2005). This finding points to the inclination of firms to adapt
below the mean (β = −0.34) to the mean (β = −0.25), indicating that to their institutional context by straying away from law‐abiding cli‐
an increase in the use of code of ethics has a positive moderating mates when faced with bleak prospects for growth.
influence at this range of values. The plot in Figure 3 shows that Our primary contribution comes from examining the moderat‐
the effect of regulatory burden on law‐abiding climate is weaker for ing effects of socially responsible practices on the relationships de‐
firms with code of ethics use at the mean relative to one standard scribed above. Significant moderating effects were found pertaining
deviation below the mean. Taken together, the results support the to perceived regulatory burden, but not perceived lack of industry
importance of using codes of ethics within firms (H4a). The extent to munificence. Our findings shed light on the ability of such practices
which an ethics code is used weakens the negative effect of regula‐ to foster law‐abiding climates in the light of adverse contextual influ‐
tory burden on law‐abiding climate, with the added caveat that the ences, helping to fill the void in the literature on how organizational
moderation effect applies only when code of ethics use is increased practices can foster law‐abiding climates (Martin & Cullen, 2006;
from an initially low level. Newman et al., 2017).
Next, model 3 investigates the moderating effects of the orga‐ Surprisingly, we found that certification to a CSR standard en‐
nizational practices on the relationship between perceived lack of hances the negative relationship between perceived regulatory
industry munificence and law‐abiding climate. Due to the overall burden and the extent to which a firm has a law‐abiding climate,
lack of significance of the model, either hypothesis 3b or 4b can be contrary to our prediction. This finding may be due to the lack of
supported. enforcement associated with the ESR certification in Mexico. In a
study of a self‐regulatory program in the chemical industry lacking
sanctions, King and Lenox (2000) discovered that the program was
5 |  D I S CU S S I O N ineffective in reducing the emissions of participants. The authors
reason that this may have occurred because a firm’s participation in
Prior research has established that forces exogenous to the firm, in‐ the program signalled its good intentions that was trusted by stake‐
herent in their institutional context, have a strong influence on their holders without the program having the necessary sanctions to in‐
propensity to engage in unlawful conduct (e.g., Ali & Isse, 2003; fluence behaviour. As a result, firms may have been able to maintain
Simpson, 2005). Despite this research, little is known about whether their level of emissions without any repercussions. While the certifi‐
organizational practices can be adopted to combat the influence cation process for ESR includes a self‐report survey and supporting
of institutional contexts that drive firms to be unlawful. This is documentation subject to external review (Cemefi, 2017), it is similar
MOHAMMAD and HUSTED |
      13

to the program examined in King and Lenox (2000) in its lack of ex‐ ineffective, but also exacerbate the type of conduct they are in‐
plicit sanctions against undesired behaviour. tended to deter. As a result stakeholders would confirm their sus‐
This situation may be underlying the surprising effect in which picions that self‐serving motivations drive CSR, raising doubts as to
certification exacerbates, rather than inhibits, tendencies of firms whether the firm is socially responsible (Hur & Kim, 2017). Managers
to stray away from law‐abiding climates when faced with regula‐ should therefore seek out more stringent certifications intended to
tory burden. Firms are provided the signalling benefits of certifica‐ foster ethical behaviour to ensure they fulfill their intended purpose.
tion that are independent of its actual implementation, effectively On the other hand, our finding pertaining to the attenuating ef‐
causing a disconnect between the positive image the certification fect of an ethics code bodes well for managers in developing coun‐
projects to stakeholders and a firm’s actual internal practices (Boiral, tries who aim to foster law‐abiding ethical climates given that they
Heras‐Saizarbitoria, & Testa, 2017). This finding contributes to our control the decision to use an ethics code. As such, there is merit
understanding of anomie theory by suggesting that firms that expe‐ in spending time and effort to ensure its extensive use through ini‐
rience anomie due to perceived obstacles in their institutional con‐ tiatives such as training programs, which educate employees on its
text may be induced to deceptively signal desired behaviour. value as a decision‐making tool and on‐going refinements that main‐
Our results also show that ethics codes that are used more ex‐ tain its relevance over time. However, the diminishing value of codes
tensively to guide strategic decisions reduce the inclination of firms of ethics in nurturing such an ethical climate in light of perceived
to stray from law‐abiding climates caused by perceived regulatory regulatory burden implies that firms cannot depend too heavily on
burden. This supports the notion in the literature that actual use of them. Firms should be aware of the limitation of ethics codes and
a code of ethics, as opposed to its symbolic possession, determines use them with other socially responsible practices that can further
whether it significantly influences firm behaviour (Erwin, 2011; foster their adherence to the law, if deemed necessary. One pos‐
Stevens et al., 1986). But interestingly, this moderating relationship sibility is to ensure that a firm’s ethics code has a formal system of
only holds when the use of ethics codes increases from an initially sanctions against unlawful conduct that is routinely used to ensure
low level. This finding may be due to the mutually enforcing rela‐ that employee behaviour aligns with the normative legal framework
tionship that exists between the use and content of an ethics code, (Laczniak & Inderrieden, 1987).
which results in a code being less effective when it lacks the content
required to influence a firm’s conduct (Kaptein, 2011). The limited
5.3 | Limitations and future research directions
effectiveness of using codes of ethics may be due to a systematic de‐
ficiency in their content among the firms in our sample. The cultural In the light of the unintended consequence of CSR certification and
preference in Mexico for intuitive (as opposed to rational) reason‐ limited effectiveness of codes of ethics in moderating the relation‐
ing results in organizational policies being less formalized (Hood & ship between perceived regulatory burden and law‐abiding climate,
Logsdon, 2002). Thus, the ethics codes of Mexican firms may be de‐ firm managers wanting to combat the adverse effect of a difficult
ficient in capturing these more informal policies. Nevertheless, our institutional context on law‐abiding climate are faced with a di‐
conjecture cannot be confirmed since the content of the codes of lemma. Managers should keep in mind the importance of aligning
ethics was unobservable. Overall, we contribute to the understand‐ socially responsible practices (Weller, 1988), so that configurations
ing of anomie theory by demonstrating that code of ethics use is able of practices should be implemented in accordance with the firm's
to, at least to some extent, offset the effects of anomie by ensuring context (Samara, Jamali, Sierra, & Parada, 2018). A soft‐law approach
that firms remain lawful when pressured to break the law in the light in which firms implement self‐regulatory practices is a likely strat‐
of adverse institutional factors. egy in the light of the regulatory burden characteristic of developing
countries. To be effective, such an approach would require firms to
adopt a set of complimentary, re‐enforcing practices to overcome
5.2 | Practical implications
the limits of weaker enforcement inherent in self‐regulation (García‐
Our findings have implications for public policy. They re‐enforce the Castro, Aguilera, & Ariño, 2013). In the context our study, such a
importance of ensuring that the regulatory process in developing configuration of practices may combine an ethics code having strong
countries is perceived as predictable and fair, in order to encourage sanctions against unlawful behaviour with a CSR certification with‐
law‐abiding climates. Furthermore, these results also suggest that out sanctions so that the former can compensate the lack of sanc‐
governments should maintain strong regulatory enforcement efforts tions of the latter. Perhaps then, CSR certification without sanctions
that encourage firms to adopt law‐abiding climates even in industries may be effective in ensuring lawful conduct, a question that future
that may not be considered as vital to economic development, such studies can address.
as declining industries. While we speculate that our study’s finding that CSR certifi‐
Our findings also have implications for managers. Managers cation strengthens the negative relationship between perceived
thinking of adopting private CSR certifications without sanctions regulatory burden and law‐abiding climate is due to the lack of en‐
should be leery of their ability to prevent firms from straying from forcement associated with the ESR certification, our claim cannot
law‐abiding climates. Furthermore, the ability of such certifications be considered conclusive since we tested only one certification pro‐
to signal desired behaviour may be tarnished if they are not only gram. Providing evidence to conclusively support this claim would
|
14       MOHAMMAD and HUSTED

require varying CSR certification in terms of the effectiveness of administration of the survey. We would also like to thank FEMSA,
its sanctions, which affect its signalling accuracy (Darnall & Carmin, Sustentus, and Mitacs for funding this research project, and EGADE
2005). As such, a future research opportunity lies in studying CSR Business School and Tecnologico de Monterrey for hosting the first
certifications that vary in the strength of their enforcement efforts author as a visiting doctoral student. Lastly, we would like to thank
to see whether they differ in how they moderate the relationship Andrew Crane, Dirk Matten, Preet Aulakh, Heather Elms, Joanne
between institutional factors in developing countries and desirable Jones, and two anonymous reviewers for their constructive com‐
ethical climates of firms. ments on previous versions of the paper.
Another possible avenue for research derives from our find‐
ing that socially responsible practices do not have a moderating
E N D N OT E
effect on the relationship between perceived lack of industry mu‐
1
nificence and law‐abiding climate. Possibly, specific unlawful be‐ The conditional interaction was evaluated at the maximum value of use
of code of ethics rather than one standard deviation above the mean be‐
haviours that result from perceived lack of industry munificence
cause the latter is outside the range of values for the variable.
differ from those that result from perceived regulatory burden
in a manner that they cannot be inhibited by CSR certification
and code of ethics use. Future research can potentially establish ORCID
boundary conditions on the effectiveness of socially responsible
Shoeb Mohammad  https://orcid.org/0000-0002-0687-8581
practices in maintaining a law‐abiding climate amidst adverse con‐
textual factors.
The sample of 118 firms raises questions about the generalizabil‐
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MOHAMMAD and HUSTED |
      17

Wilhelm, P. G. (2002). International validation of the corruption percep‐ Regulatory burden (EDGE, 2001, reverse coded)
tions index: Implications for business ethics and entrepreneurship Construct reliability = 0.852; AVE = 0.67; range of loadings:
education. Journal of Business Ethics, 35(3), 177–189. https://doi.
0.631–0.898
org/10.1023/A:1013882225402
Wimbush, J. C., Shepard, J. M., & Markham, S. E. (1997). An empirical (scale items anchored by 1 = “strongly disagree” and 7 = “strongly
examination of the relationship between ethical climate and ethical agree”)
behavior from multiple levels of analysis. Journal of Business Ethics, Please rate your level of agreement with the following
16(16), 1705–1716. https://doi.org/10.1023/A:1017952221572
statements.
Zheng, Q., & Chun, R. (2017). Corporate recidivism in emerging econ‐
omies. Business Ethics: A European Review, 26(1), 63–79. https://doi. 1. Our company usually has clear and accurate information
org/10.1111/beer.12132 about the requirements and obligations that government
authorities have established to participate in business.
AUTHOR BIOGRAPHIES 2. During the process of defining new laws, policies or regula‐
Shoeb Mohammad is a PhD candidate at the Schulich School of tions affecting our company, the government generally
Business – York University. His research focuses on the strate‐ keeps our company informed.
gic, firm‐level implications of corruption in emerging markets, 3. In the event of significant changes in laws, policies or regu‐
as well as the social evaluations of firms stemming from neg‐ lations affecting our company, the government generally
ative events. considers our firm's opinions or that of our business
association.
Bryan W. Husted is Professor of Management at EGADE 4. In general, the interpretation of federal laws, policies or
Business School – Tecnologico de Monterrey, where he is leader regulations affecting our company's operations are consist‐
of the Research Group in Social Innovation and Sustainability. ent and predictable.
He holds a Ph.D. from the University of California at Berkeley.
His research interests include corporate social responsibility, Industry munificence (Jambulingam et. al, 2005, reverse coded)
nonmarket strategy, and corporate sustainability. Construct reliability = 0.871; AVE = 0.72; range of loadings:
0.813–0.877
(scale items anchored by 1 = “strongly disagree” and 7 = “strongly
agree”)
How to cite this article: Mohammad S, Husted BW. Law‐ Please rate your level of agreement with the following
abiding organizational climates in developing countries: The statements.
role of institutional factors and socially responsible 1. There are ample opportunities for growth in our com‐
organizational practices. Business Ethics: A Eur Rev. pany’s industry.
2019;00:1–18. https://doi.org/10.1111/beer.12228 2. Our company's industry will support continued growth of
our company.
3. Prospects for growth in our current industry environment
APPENDIX are good.
4. Our industry is rich with opportunities for growth.
Study measures

Law and code ethical climate (Victor & Cullen, 1983) Code of ethics use (Stevens et. al, 2005).
Construct reliability = 0.809; AVE = 0.63; range of loadings: Construct reliability = 0.902; AVE = 0.72; range of loadings:
0.717–0.843. 0.804–0.891.
(scale items anchored by 1 = “strongly disagree” and 7 = “strongly (scale items anchored by 1 = “strongly disagree” and 7 = “strongly
agree”) agree”)
Please rate your level of agreement with the following How helpful do you feel is your company’s code of ethics in each
statements. of the following matters?
1. In our company, people are expected to comply with 1. Making financial decisions.
the law and professional standards over and above other 2. Making personnel decisions.
considerations. 3. Making decisions about information disclosure.
2. In our company, the law or ethical code of their profession 4. Responding to questions about company actions.
is the major consideration. 5. Aiding your company’s planning processes.
3. In our company, people are expected to strictly follow legal
or professional standards. CSR certification (Cemefi, 2017)
4. In our company, the first consideration is whether a deci‐ Measured according to whether a firm is certified to ESR for the year
sion violates any law. 2015 (1 = yes, 0 = no)
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18       MOHAMMAD and HUSTED

Controls Firm age (survey question)


Industry (SIEM database or manual inspection): dummy variables
Firm size (Amcham database): number of employees in the
representing professional service, wholesale and retail, three sub‐
firm’s headquarters (1 = 1–100, 2 = 101–1000, 3 = 1000 or
classifications of manufacturing and other industries. Our catego‐
more)
rization approach is appropriate given that a substantial number of
Foreign ownership (survey question): whether the firm is major‐
firms fall within the industries represented by the first four cate‐
ity owned by a foreign party (1 = yes, 0 = no)
gories mentioned above, while all other possible two‐digit indus‐
Sales (Amcham database): firm sales (1 = 0–94.9 million pesos,
try categories include either no firms from our sample or very few
2 = 95–249.9 million pesos, 3 = 250 million pesos or greater)

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