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BUSINESS ETHICS
BUSINESS ETHICS
WHAT EVERYONE NEEDS TO KNOW®
All rights reserved. No part of this publication may be reproduced, stored in a retrieval
system, or transmitted, in any form or by any means, without the prior permission in
writing of Oxford University Press, or as expressly permitted by law, by license, or under
terms agreed with the appropriate reproduction rights organization. Inquiries concerning
reproduction outside the scope of the above should be sent to the Rights Department,
Oxford University Press, at the address above.
You must not circulate this work in any other form and you must impose this same
condition on any acquirer.
PREFACE
11 Negotiations
Why are there special ethical issues in negotiations?
What is fraud in negotiations?
When is it permissible to lie?
When is it permissible to stay silent?
What special responsibilities flow from power imbalances in
negotiations?
What are some special ethical issues in negotiating for someone
else, such as a business?
What are some special ethical issues in negotiating for a job?
What are some special ethical issues in negotiating solely for
price?
How important are personal relationships in negotiations?
This book was a labor of love. Lynn Stout, who had been my
Corporations professor at Harvard Law School, and who had kept in
touch with me for nearly twenty years afterwards as I taught in
business schools, asked me whether I would like to co-author a book
on business ethics with her. The original idea for the book had been
legendary Oxford University Press (OUP) editor Scott Parris’s. He had
brought the proposal to Lynn, and Lynn wanted my perspective from
teaching in business schools.
We were together excited to create the first book we knew of its
kind that would survey not only moral philosophy, behavioral
science, economic principles, and other contributions, but to make
business-law concepts accessible and understandable to
businesspeople and students of law, business, and ethics. We
thought it would be particularly important to talk about compliance,
investigations, whistleblowing, and prosecutions as well. We wanted
to end with an appendix of people and resources that anyone with
questions could reach out to.
Lynn and I shaped the table of contents and its questions
together. The plan was that we would each write half of the book.
Lynn wrote the first chapter, and she was able to outline her ideas
for the second before getting sick. She eventually succumbed after a
long battle to the cancer that took her life. Her dying wish was that
the Press list me on the book as first author. The Press’s response
was moving: “that would be the ethical thing to do.”
I have continued to labor since Lynn’s passing to bring to life this
book that was her vision and a natural extension of her work. Lynn
was deeply committed to popularizing business law and ethics. It is
my humble honor and pleasure to be able to get this manuscript into
your hands as Lynn’s last book, published after she has passed. She
may be gone, but she will never be forgotten, and the passion of her
words and educational mission live on in this book, as well as in the
rest of her work.
I was helped in the completion of this work by the incredible
support of my husband and children, who, particularly during the
pandemic, had to contend with the book as another child demanding
attention in the house. I am grateful to my mother, an English
professor for some fifty years, who patiently reviewed early drafts.
Christina Collins reviewed manuscripts as an editor, as well as my
friend. Rosalind Wang patiently served as a sounding board and
source of encouragement. The spectacular Emily Lavelle, of Lavelle
Communications, helped navigate the book-publishing process, and
so much more. I was cheered on in the project by my
ComplianceNet co-conveners Benjamin van Rooij, Yuval Feldman,
Melissa Rorie, Adam Fine, and Colin Provost. Professors in their
areas of specialty, and particularly Steve Chanenson, Brett
Frischmann, Andrew Lund, Jennifer O’Hare, Linda Treviño, Mary
Gentile, Robert Prentice, Elizabeth Pollman, Ed Freeman, Marty
Lipton, Miriam Baer, Don Langevoort, Usha Rodrigues, Colin Mayer,
Veronica Root Martinez, Marc Cohen, Cynthia Williams, Claire Hill,
Charles O’Kelley, Bill Bratton, Jill Fisch, Jeffrey Gordon, and so many
others to whom I am indebted, gave graciously of their time and
energy at different points. In addition to the support that I received
from OUP, I benefitted from the aid of faculty assistants Carla
Edwards, Patty Trask, and Victoria Durand; and students who
touched chapters at points, including (in alphabetical order) Erica
Atkin, Juliana Clifton, Lauren DeBona, Zachary Epstein, Erin
Fontaine, Meaghan Geatens, Paige Gross, Rachel Hanscom, Ryan
Kelly, Yuliya Khromyak, Kaitlyn Krall, Andrew Mark, Louis Masi,
Victoria Mazzola, John Morgan, Eric Nascone, Michael Neminski,
Shawna Riley, Abraham Schneider, Nathaniel Stanger, Matthew
Venuti, Stephanie Wood, and Melissa Zillhardt.
Most of all, now that this labor of love has come to completion, I
am delighted that it is in your hands. That’s where it should be—to
guide you, to engage you, and to help you think more deeply about
topics fundamental to our lives and the society to which we
contribute around us. Lynn, as an educator, would be proud. She
would want you to have these tools, and to go forth to make the
world a better place—the cause she fought for and spent her life on,
right up until her last breath. May her passion now be yours.
J.S. Nelson
Visiting Associate Professor
Harvard Business School, 2021-22
1
AN OVERVIEW OF BUSINESS ETHICS
Rain blurred the landscape for all of the half-hour run from Tjibatoe
down to Garoet, and we lost the panorama of splendid mountains
that surround the great green Garoet plain, embowered in the midst
of which is the town of Garoet, a favorite hill and pleasure-resort of
the island. We did catch glimpses now and then, however, of dark
mountain masses looming above and through the clouds, and of
flooded rice-fields and ripening crops, with scarecrows and quaint
little baskets of outlooks perched high on stilts, where young Davids
with slings lay in wait for birds. Boys leading flocks of geese, and
boys astride of buffaloes made other pictures afield, and in the
drizzling rain of the late afternoon we were whirled through the
dripping avenues to the Hotel Hork, home of Siamese royalties and
lesser tourists, health- and pleasure-seekers, who visit this volcanic
and scenic center of the Preanger regencies.
Our sitting-room porch at this summer hotel, with an endless
season, looked on a garden, whose formal flower-beds, bordered
with stones and shells, classic vases, and other conventions of their
kind, reminded one at once of by-places in Europe; and so also did
the bust of Mozart and the copy of Thorwaldsen’s “Venus,”—until
one noted their protecting palm- and mango-trees. This Garoet hotel
is one of the institutions of Java, and the Vrouw van Hork and her
excellent Dutch housekeeping are famed from Anjer Head to
Banjoewangi. All the colonial types were represented at the long
table d’hôte, and every language of Europe was heard. There were
always nice neighbors at table, able and anxious to talk English, and
the cheery Dutch ladies were kindness and friendliness personified.
At no other resort on the island did we receive such a pleasant
impression of the simplicity, refinement, and charm of social life in
the colony. But, although two thousand feet above sea-level, in a
climate of mildly tempered eternal spring, the ladies all wore the
sarong and loose dressing-sacque in the morning, as in scorching
Batavia or lowland Solo. Even on damp and chilly mornings, when a
light wrap was a comfortable addition to our conventional muslin
gowns, the Garoet ladies were bare-ankled and as scantily clad as
the Batavians; and there were shock and real embarrassment to me
in seeing in sarong and sacque the dignified elderly matron who had
been my charming dinner neighbor the night before.
There is an interesting passer at Garoet, and besides the lavish
display of nature’s products, there are curious baskets brought from
a farther valley, which visitors compete for eagerly. The town square,
or overgrown village green, is faced by the homes of the native
regent and the Dutch resident, and by the quaint little messigit, or
Mohammedan mosque. The last mufti, or head priest of the prophet,
at Garoet was a man of such intelligence and liberality that he had
but one wife, and allowed her to go with face uncovered, to learn
Dutch, and to meet and freely converse with all his foreign visitors,
men as well as women. Travelers brought letters to this mufti and
quoted him in their books, but since his death the more regular,
illiberal order has ruled at Mohammedan headquarters.
The great excursion from Garoet is to the crater of Papandayang,
a mountain whose extended lines (fifteen miles in length by six in
breadth) match its syllables; which has been in vigorous eruption
within a century; and which still steams and rumbles, and, like the
Goenoeng Goentor, or “Thunder Mountain,” across the plain, may
burst forth again at any moment. At the last eruption of
Papandayang, in 1772, there was a great convulsion, a solid mass of
the mountain was blown out into the air, streams of lava poured
forth, and ashes and cinders covered the earth for seven miles
around with a layer five feet thick, destroying forty villages and
engulfing three thousand people in one day. The scar of the great
crater, or “blow-out hole,” near the summit of the mountain, is still
visible from the plain, and the plumes and clouds of steam
ascending from it remind one of its unpleasant possibilities. We
made a start early one rainy morning, and drove twelve miles across
the plain, along hard, sandy white roads, continuously bordered with
shade-trees. The frequent villages were damp and cheerless, and
the little basket houses, that the people weave as they would a hat,
were anything but enviable dwellings then. The sling-shooters’
sentry-boxes throughout the fields—perches where men or boys sat
to pull sets of strings that reached to scarecrows far away—
suggested too much of clammy, rheumatic discomfort to seem as
picturesque as usual—strange little Malay companion pieces to the
same boxes on stilts that one sees perched in the rice-fields of Hizen
and the other southern provinces of Japan.
TRANSPLANTING RICE.