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Markets, Ethics, and Business Ethics
This book introduces a study of ethics and values to develop a deeper understanding of markets,
business, and economic life. Its distinctive feature is its thorough integration across personal and
institutional perspectives; across applied ethics and political philosophy; and across philosophy,
business, and economics.
Part 1 studies markets, property rights, and law, and introduces normative theories with many
applications. Part 2 examines the purpose of corporations and their responsibilities. Parts 3 and 4
analyze business and economic life through the ethics and values of welfare and efficiency,
liberty, rights, equality, desert, personal character, community, and the common good.
This second edition maintains the strengths of the first edition—short, digestible chapters and
engaging writing that explains challenging ideas clearly. The material is user-friendly, with an
emphasis on a strong theoretical core. Easily adaptable to the instructor’s teaching, the chapters
are separable and can be shaped to the interests of the instructor with suggested course outlines
and flexible application to case studies. This text is designed both for coursework in business
ethics, as well as inter-disciplinary programs in philosophy, politics, economics, and law.
This second edition:
• revises presentation of eight normative theories with increased emphasis on links to business
and economic life;
• incorporates recent scholarship on shareholder/stakeholder debates about the purpose of
corporations, bringing this important topic up to date;
• includes a new, streamlined preface that provides a quick overview of the book before
smoothly guiding the reader to the first chapter;
• uses updated examples and applications;
• revamps a useful appendix, including enhancing the popular primer on ethics;
• includes Key Terms, Discussion Questions, Biographies, and Lists of Further Readings at
the end of each chapter;
• includes a new ending chapter on the value of an ethical life.
Steven Scalet is Professor of Philosophy at the University of Baltimore (UB). Prior to UB, he
was the Director of the Program in Philosophy, Politics, and Law at Binghamton University
(SUNY), where he received the Chancellor’s Award for Excellence in Teaching. Scalet received
his PhD in Philosophy and MA in Economics from the University of Arizona. Scalet is the editor
of Morality and Moral Controversies: Readings in Moral, Social, and Political Philosophy, 10th
Edition (Routledge, 2019).
Markets, Ethics, and Business Ethics
Second Edition
Steven Scalet
Second edition published 2019
by Routledge
711 Third Avenue, New York, NY 10017
and by Routledge
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2019 Taylor & Francis
The right of Steven Scalet to be identified as author of this work has been asserted
by him in accordance with sections 77 and 78 of the Copyright, Designs and
Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or
utilized in any form or by any electronic, mechanical, or other means, now known
or hereafter invented, including photocopying and recording, or in any information
storage or retrieval system, without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks or registered
trademarks, and are used only for identification and explanation without intent to
infringe.
First edition published by Pearson 2014
Library of Congress Cataloging-in-Publication Data
A catalog record for this book has been requested
ISBN: 978-1-138-58096-1 (hbk)
ISBN: 978-1-138-58099-2 (pbk)
ISBN: 978-0-429-50700-7 (ebk)
PART 1
Foundations 1
1 Markets 3
1.0 Introduction 3
1.1 What Are Market Exchanges? 4
1.2 Why Begin This Study With Market Exchanges? 6
1.3 Debates About How to Define Markets 6
1.4 Blocked Exchanges 8
1.5 Background Conditions for Markets to Operate 9
1.6 Dialogues That Shape This Book 10
1.7 Personal and Institutional Points of View 11
1.8 Summary 13
1.9 Looking Ahead 13
Key Terms 13
Discussion Questions 14
Further Readings 15
2 Property Rights 16
2.0 Introduction 16
2.1 Property as Relations Among People 16
2.2 Hohfeld’s Conception of Property Rights 17
2.3 Tips for Learning and Applying Property Relations 20
2.4 Ownership and a Bundle of Sticks 21
2.5 Further Distinctions 22
2.6 Patents and Intellectual Property 23
2.7 The Limits of Property Rights 25
2.8 Summary 27
Key Terms 27
Discussion Questions 28
Further Readings 29
viii Contents
3 Property Rights, Markets, and Law 30
3.0 Introduction 30
3.1 Property Rights and Markets 30
3.2 Property Rights and Law 31
3.3 Property Rights and Culture 35
3.4 Economic Systems Today 36
3.5 Why Study Property Rights? 37
3.6 Relativism 38
3.7 Two Normative Theories About Property Rights 39
3.8 Summary 42
3.9 Looking Ahead 43
Key Terms 43
Discussion Questions 43
Further Readings 45
PART 2
The Purpose and Responsibilities of Corporations 47
PART 3
Efficiency and Welfare: Common Ethical Guides in Business
and Economics 89
PART 4
Ethics Beyond Efficiency 149
9 Liberty 151
9.0 Introduction 151
9.1 Two Concepts of Liberty 151
9.2 Freedom and Ethics 154
9.3 Kantian Ethics 158
9.4 Institutional Implications of Negative Freedom 159
9.5 Institutional Implications of Positive Freedom 163
9.6 Two Visions of a Free Society: Positive and Negative Freedom 165
9.7 Summary 166
Key Terms 167
Discussion Questions 167
Further Readings 169
10 Rights 170
10.0 Introduction 170
10.1 Preliminaries 171
10.2 Rights as Side-Constraints 173
10.3 Rights and Markets: Nozick’s Entitlement Theory of Justice 175
10.4 Applying the Entitlement Theory to Global Capitalism 178
10.5 Criticisms of Nozick’s Entitlement Theory of Justice 181
10.6 Justifying Rights 183
10.7 Summary 185
Key Terms 186
Discussion Questions 186
Further Readings 188
11 Equality 189
11.0 Introduction 189
11.1 Fundamental Equality 190
11.2 Implications for Institutions 192
11.3 Professional Ethics and the Personal Point of View 199
11.4 Social Contract Theory: Liberty and Equality Joined 202
11.5 Rawls’s Theory of Justice 202
11.6 Beyond Rawls: Businesses and the Social Contract 204
11.7 Integrative Social Contracts Theory 205
11.8 Summary 206
Key Terms 206
Contents xi
Discussion Questions 206
Further Readings 209
Appendix 271
I. A Primer on Ethics 271
II. The Overall Approach of the Book 276
III. Syllabi Suggestions 280
IV. Summary 281
Key Terms 282
Glossary 283
Index 291
Preface for Second Edition
I am pleased that the book’s reception has led to this new and enhanced Second Edition. This
study of ethics and values develops a deeper understanding of markets, business, and economic
life—both for assessing institutions and understanding people’s choices within them.
The emphasis is to develop a comprehensive normative study that synthesizes materials across
disciplinary boundaries. What makes the book unique is its depth of integration across personal
and institutional points of view; across applied ethics and political philosophy; and across the
intersection of philosophy, business, and economics.
I am especially pleased that business schools have adopted this innovative approach for the
teaching of business ethics beyond its design as a main text for coursework in interdisciplinary
programs in Philosophy, Politics, and Economics, (PPE).
Hallmarks of the book include short, digestible chapters , a focus on core concepts, and engag-
ing writing that explains challenging ideas clearly. Markets and economic life are ubiquitous
and for a reason. Reviewers have repeatedly noted its balanced assessment of its institutions and
how to address personal ethics within them. The normative stance of the book is to offer the best
contrasting positions and arguments within a given debate.
Part 1 introduces fundamental concepts about markets, property rights, and law. Part 2 exam-
ines debates about the purpose and responsibilities of corporations. Taken together, these first two
Parts show how ethics is deeply embedded within these core ideas, institutions, and practices.
Parts 3 and 4 examine business and economic life through the ethics and values of welfare
and efficiency, liberty, rights, equality, desert, relationships and character, and community and
the common good. All the traditional ethical theories—including utilitarianism, Kantian ethics,
and virtue ethics—are integrated within these chapters (and also presented in a Primer on Eth-
ics in the Appendix). Each chapter in these Parts provides a theoretical and normative core with
many applications that can be used with further case studies or current events of the instructor’s
choosing.
Designed to be comprehensive when taken as a whole, the four Parts are also separable, and
the chapters within each Part separable, so instructors can pick and choose what to assign. The
Appendix includes example syllabi for different course plans.
The book’s organization is premised on the idea of delivering a core normative framework for
synthesizing diverse materials across the study of markets, ethics, and business ethics. The com-
ponents of this framework are: foundations (Part 1), debates about corporate purpose and respon-
sibility (Part 2), and an in-depth study of ethics and values tailored for business and economic
life, from both personal and institutional points of view (Parts 3-4). As indicated by the listing
of topics in the index, this innovative focus on core normative concepts does not short-change
applied topics and retains all of the traditional areas in business ethics textbooks.
Current events reinforce why the chapters ahead are so vital. Following the news while study-
ing this book creates abundant opportunities for reinforcing its ideas and for developing new
xiv Preface for Second Edition
abilities for analyzing events in business and economics from an ethical point of view. This
approach offers an innovative way to generate long-term appreciation for and understanding of
ethics and values in business and economic life.
Each chapter ends with discussion questions. They are integral for extending and shaping the
ideas in each chapter. These are not review questions but are designed to take materials in new
directions or explore ideas in more depth at the instructor’s choosing. Within each chapter terms
in bold are listed as key words at the end of the chapter and their definitions are presented in a
glossary at the end of the book. Names with an asterisk indicate that a short biography of that
person is included at the end of the relevant chapter.
The best way to begin this study is with Chapter 1 on markets. The book also includes an
extensive Appendix with materials that can be studied prior to Chapter 1 or as supplementary
reading at any point along the way, depending on readers’ backgrounds. The Appendix includes
a Primer on Ethics, a more extended overview of the book’s structure and rationale, and other
background and introductory materials separable from the main chapters.
While the organization of the book is distinctive as a whole, of particular note are early chap-
ters that present and integrate Hohfeld’s property relations (Chapter 2) with a study of markets,
business, culture, and law (Chapter 3). Similarly, discussions about relationships, community,
and the common good are core normative features of this book (Chapters 13–14), which is also
distinctive. Chapters 6–8 fully integrate normative ideas about the economic concept of effi-
ciency to a greater degree than other texts in this area, another notable feature. A final chapter
about the point and value of ethics could be assigned prior to the end of the course, although the
author has found that ending a course along this vein can be particularly effective. There are other
novel features to this book, and so the Appendix provides additional description.
In a field still open to new approaches to the subject, this book offers a distinctive systematic
approach. Its contribution to the literature includes a novel way to integrate diverse materials into
a unified normative study that is both theoretically rich and practically relevant.
The assessment of markets and people’s roles and responsibilities in business and economic life
are core human concerns. The author invites comments and suggestions at sscalet@gmail.com.
Acknowledgments
There are so many people to thank for all of the discussions, debates, and inspiration—more than
I could possibly list. It’s a product of many influences and many years. Let me begin by thanking
my Dad to whom this book is dedicated. Over a long career I saw how his undergraduate and
MBA students loved his humor, common sense, and humanity about all matters concerning busi-
ness and economics. Were I to carry forward even in small part his years of inspired teaching, I
would feel lucky. I still remember our first conversation about economics—he started by asking
me the purpose of businesses—and ever since the two of us have discussed and debated eco-
nomic issues, always to my enjoyment. I will always cherish the countless conversations through
the many drafts of this book, with his probing questions at every step of the way.
I thank my wife Debby and daughter Sophia for their endless encouragement and support,
especially in those moments when the work demanded many more hours than I imagined that it
would. My family not only endured the innumerable hours that I spirited away on research and
writing, but they endured scintillating conversations that I could not help but initiate about top-
ics such as externalities, deontological ethics, and global governance gaps. For this and far more
than I could ever write here, I am forever grateful.
At Binghamton University, outstanding students generated dynamic debates year after year,
including an introductory class called “Markets, Ethics, and Law” that enrolled more than 2,000
students over a decade. This collective dialogue was a source of great creativity in my thinking and
writing. The ideas in this book were also refined through other advanced undergraduate and gradu-
ate courses and in my teaching at the University of Baltimore. The hard work, intelligence, and
passion of young people that I experience year in and year out is truly remarkable. I have so many
students to thank for these years of conversations—too many to list here fully. Let me especially
mention Samuel Itin, Lucas Testoriori, Murray Friedman, and Dustin Frost—their interest in this
book project led them to read and offer helpful comments on early versions of this manuscript.
These conversations included many alumni interactions as well. I’d like to especially thank Owen
Pell, Binghamton University class of 1980, not only for the enriching dialogue on topics related
to this book but his dedication and commitment to education and the role of ethics in business and
economic life.
I have special gratitude to David Schmidtz, my doctoral advisor at the University of Arizona,
where I taught my first course in business ethics and learned new ways to connect philosophy and
economics. David created an intellectual community where ideas germinated in an atmosphere of
free thought—an idyllic environment.
Friend and colleague Chris Griffin is responsible for years of debate and discussion on topics
related to this book. In the tradition of Socrates, Chris will disagree with zest about anything
philosophical that sounds off-base—to find better answers and as one friend to another. And in
our conversations he’s had plenty of opportunity to display this sign of friendship! (Whatever
errors remain in this book are probably because I did not try out the ideas on him first.)
As a senior research scholar at Binghamton University, Harpur College Deans Peter Mileur
and Don Nieman supported my research efforts, including research time while employed at
xvi Acknowledgments
Binghamton University for developing early drafts of the book. Many colleagues at Binghamton
provided helpful conversations related to this book, including John Arthur, Eric Dietrich, Thomas
F. Kelly, Stefan Sciaraffa, and Melissa Zinkin. The University of East Anglia (UEA) in Norwich,
England, offered visiting faculty appointments in 2008 and 2010, and a Visiting Scholar appoint-
ment in 2017, for office space and the time to think and write, which included the generous col-
legiality of its faculty members, as well as the study abroad and UEA students who debated the
topics of this book. Similarly, York College of Pennsylvania offered a Visiting Scholar appoint-
ment in 2017-2018 that allowed for valuable office space and research facilities as I prepared this
Second Edition, including enriching conversations with Victor Taylor and Dennis Weiss. I am
thankful for all those experiences.
The University of Baltimore generously provided summer research grants and sabbatical time
to complete this work, and I am grateful for the support of my colleagues in the Division of
Legal, Ethical, and Historical Studies, and, in particular, Joshua Kassner.
The anonymous reviewers provided incisive comments at various stages of production. I am
grateful for their time spent pouring through drafts of this manuscript and their detailed sugges-
tions and ideas. In particular, Lori Ryan, Professor of Management and Director of the Corporate
Governance Institute at San Diego State University, has provided invaluable comments and feed-
back. Thank you. Finally, I would like to express my appreciation for Routledge’s Senior Editor
of Philosophy Andy Beck, Editorial Assistant Emma Starr, Production Editor Fiona Hudson,
Project Manager Autumn Spalding, and the rest of the production team for their support and
assistance throughout this project.
Part 1
Foundations
Part 1 introduces basic concepts that frame ethical debates in Parts 2–4. These foundations
include: markets, property rights, and law.
Chapter 1 Markets
Chapter 2 Property Rights
Chapter 3 Property Rights, Markets, and Law
1 Markets
1.0 Introduction
As captured British officer R. A. Radford entered the gates of a German prisoner of war camp
during World War II, he was prepared to adjust to a new world, but not all of it was new. He found
a thriving economy, with markets in many goods, and a highly responsive pricing system with a
currency measured in cigarettes. It is perhaps the only known currency that people could smoke.
“Around D-day,” he recalled in an article he wrote after the war, “food and cigarettes were plen-
tiful, business was brisk and the camp in an optimistic mood. Consequently, the Entertainments
Committee felt the moment opportune to launch a restaurant, where food and hot drinks were
sold while a band and variety tunes performed.”1
In another case, a group of economists, curious about the limits of rational choice, entered an
insane asylum and found thriving markets despite great restrictions placed on inmates’ freedom.2
The basic message of both studies was the same: that human needs and desires lead people to
create markets even in the most unfriendly and seemingly unlikely environments. Not even san-
ity is required.
Markets are all around us. There are few places to travel in the world today where people live
without markets. Even the poorest places on earth typically display a dizzying array of market
stalls and trading. Why is this? Evidence of markets date back at least to the last Ice Age, and
some form of market and commercial life is writ into nearly every stage of human existence.
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suppress the reckless rioters somewhat and to organise the life of
the town something after the fashion of the Italian city-state, except
that we made no warlike preparations whatsoever. Most encouraging
of all, we had a growing number of young women coming into the
place, and thankful as they were to escape the nunneries or the
spinsterhood of the farms, they quickly found mates and produced
children. The birth of every baby was made a matter of public
rejoicing.
But alas! my ill-luck pursued me. On one of our expeditions we were
cut off and surrounded in a field by a patrol of women. Edmund
managed to escape, but I was captured and tortured into making a
confession of what was going on in the ruined city. I did not see how
my confession could do any harm, and I don’t know what happened,
but though my friends must have known where I was they made no
attempt to rescue me or to communicate with me. I think I should
have died rather than confess but for the thought of my wife. My
strongest passion then was to see her again. Let that, if excuse is
needed, be mine.
XVI: REVOLUTION
Work on the Index, I soon found, meant preparing the whole mighty
undertaking, while my three men of genius smoked, ate, drank, slept,
talked, and went a-strolling in the capital. There was this advantage
about being a man of genius that I was free to come and go as and
when I liked, though I was everywhere scoffed at and treated with
good-humoured scorn. I was always liable to insult at the hands of
the high-spirited young women of the capital who held places in the
Government offices and had acquired the insolent manners of a
ruling class. However, I soon learned to recognise the type and to
avoid an encounter, though my poor old friends often came home
black and blue.
There was a great deal more sense in Christmas than I had at first
supposed, and, as I progressed with my work, I saw that what he
meant was very near what Edmund and his father had been at,
namely, that men and women, if only they set about it the right way,
can find in each other the interest, amusement, and imaginative zest
to dispel the boredom which is alone responsible for social
calamities. His appeal had been to men, but he had only reached the
ears of women, and they had hopelessly misunderstood him. They
had expected him to have a new message and had taken his old
wisdom for novelty by identifying it with his personality. He had not
taken the precaution to placate the men of genius of his time.
Without a marketable reputation they could not recognise him. They
refused to acknowledge him and drove him into the strange courses
which made him seem to the nerve-ridden women of the country
new, fresh, and Heaven-sent. Certainly he had genius, as my
professional men of genius had it not, and it came into too direct a
contact with the public mind. The smouldering indignation of ages
burst into flame. More and more as I worked I was filled with respect
for this idealist and with pity for the human beings who had followed
him to their undoing. His insight was remarkable, and I made a
collection of his works to take back with me to America, if I should
ever go there.
I stayed in the Suburb of Genius for a couple of years, very pleased
to be away from the women, and among people many of whom were
amusing. There were painters and sculptors, who spent their time
making Christmas portraits and effigies, cursing like sailors as they
worked. Very good company some of these men, and most
ingenious in their shifts and devices to dodge the rules and
regulations with which they were hemmed in. Some of them had
smuggled women into their houses and lived in a very charming
domesticity. I envied them and was filled with longing for my home.
One day as I was at my work I came on an unpublished manuscript
of Christmas. It contained a poem which I liked and a saying which
fired me. This was the poem:
“The woman’s spirit kindles man’s desire,
And both are burned up by a quenchless fire.
Let but the woman set her spirit free,
Then it is man’s unto eternity.
It is a world within his hands, and there
They two may dwell encircled in a square.”
I could never quite make sense of it, but it seized my imagination as
nonsense sometimes will, and prepared it for the convulsion which
was to happen.
This was the saying:
“There will come one after me who shall build where I have
destroyed, and he shall capture the flame wherewith I have burned
away the dying thoughts of men.”
The words haunted me. They were in none of the Christmas books,
nor in the biography. I inserted it in the Concordance and in a new
edition of the Speeches, on my own responsibility and without saying
a word to my employers. There might or might not be trouble, but I
knew that the Chairwoman of the Governing Committee was a vain
old creature and would take the words to mean herself. To my mind
they pointed straight to Edmund. I knew that his cause was gaining
ground and that, if I could gain sufficient publicity for the saying, his
following would be vastly increased.
I was on good terms with the chief of the publishing department and
was able to persuade her to announce that the new edition of the
Speeches was the only one authorised by the Governing Committee;
all others to be called in. The success of my trick exceeded all my
dreams. There was something like an exodus from the capital.
I met my dear Audrey one day. She had come to spy out the land.
Her news was glorious. For miles round the once ruined city the
farms were occupied with happy men and women working together
to supply food for the towns, which in return furnished their wants
from its workshops, which the toilers filled with song as they worked.
The fame of it was everywhere growing. Other ruined cities had been
occupied. Two of the great nunneries were deserted. Edmund with a
great company of young men had taken possession of a town by the
sea and opened the harbour and released the ships.
“Ships!” I said. “There are ships sailing on the sea!”
That settled it. No more men of genius for me. That night I spent in
chalking up the saying of William Christmas on the walls of the
capital. The next morning I was with Audrey wandering about the
streets, hearing Edmund’s name on all lips, and then, satisfied that
all would be well, I made for the sea-board.
It was good to see America again, but I suffered there as acutely as I
had done in Fatland. I had been among women who, if misguided,
were free. My dear wife and I could never understand one another
and she died within a very few years after my return of a broken
heart. I thought I could not survive her, and should not have done but
for my fortunate encounter with Hohlenheim, who could understand
my loathing of woman in Fatland, of man in America, draw it up into
his own matchless imagination and distil the passion of it into beauty.
Out of Work
I: MR. BLY’S HEART BREAKS
In a little house, one of many such houses, in a town, one of many
such towns in Fatland, sat Nicholas Bly, a small stationer and
newsagent, by the bedside of his wife. She said: “Ain’t I thin, Nick?”
and again she said: “My hair is only half what it was.” And he said:
“It’s very pretty hair.” She smiled and took his hand in hers and she
died. When Nicholas Bly was quite sure that she was dead, when he
could believe that she was dead, he did not weep, for there were no
tears in his eyes. He said nothing, for there were no words in his
mind. He felt nothing, for his heart was breaking, and so little was he
alive that he did not know it. His wife was dead, his two children
were dead, his shop was closed, and he had two shillings in the
world, and they were borrowed.
He went out into the street and when he saw a well-fed man he
hated him: and when he saw a thin hungry man he despised him; on
returning to his house he found there a Doctor and a Parson. The
Doctor said his wife had died of something with two long Latin
names.
“She starved,” said Nicholas Bly.
The Parson said something about the will and the love of God.
“The devil’s took her,” said Nicholas Bly.
The Parson cast up his eyes and exhorted the blasphemer to seek
comfort in duty and distraction in hard work.
“I’m out of work,” said Nicholas Bly; “the devil’s took my work and my
wife and my two children. Hell’s full up and overflowed into this ’ere
town and this ’ere street. We must fight the devil with fire and bloody
murders.”
The Parson and the Doctor agreed that the poor fellow was mad.
V: COGITATION
This was a little difficult for Nicholas Bly. For a long time they sat
brooding in the darkness of the timber-yard. Then said Nicholas Bly:
“Seeing’s believing. I see you. I believe in you. You’re the first critter
that’s spoke to me honest and kindly this many a long day. You seem
to be worse off than I am. We’re mates.”
“Thank you,” said the devil. “In the old days I used to offer those who
believed in me women, wine, song and riches. But now we shall
have to see what we can do.”
“I want to spite that there Jah.”
“We will do our best,” said the devil.
With that they rose to their feet, and as they left the timber-yard the
devil shook a spark out of his tail on to the petrol, so that they had
not gone above a mile when the wood was ablaze and they could
see the red glow of the fire against the sky.
VI: CONFLAGRATION
Gleefully the devil took Mr. Bly back to watch the blaze, and they
were huddled and squeezed and pressed in the crowd. A fat woman
took a fancy to the devil and put her arm round his waist.
“Where are you living, old dear?” she said.
“You leave my pal alone,” said Nicholas Bly.
But the devil gave her a smacking kiss, and she slapped his face
and giggled, saying:
“Geeh! That was a warm one that was.”
And she persisted until the devil had confessed his name to be Mr.
Nicodemus. Then she said she had a snug little room in her house
which he could have—his pal too if they were not to be separated.
Mr. Bly demurred, but Mr. Nicodemus said:
“You can only get at Jah through the women.”
So they pursued the adventure and went home with the fat woman,
but when she reached her parlour she plumped down on her knees
and said her prayers, and the devil vanished, and she was so
enraged that she swept Nicholas Bly out with her broom. He
hammered on her door and told her why his friend had vanished,
and that if she would say her prayers backward he would return. She
said her prayers backwards and Mr. Nicodemus returned.