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Bribery and ethics
Bribery and ethics
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To make a payment in exchange for special consideration where the recipient has a duty to offer equal consideration to all (more commonly referred to as bribery) is morally reprehensible on three distinct grounds. Not only does it violate inherent principles of justice and equality by enabling one to use their wealth in order to attain or reinforce influence, it also provokes the recipient to violate the positional responsibility that they have tacitly agreed to uphold (this duty is therefore contractually binding): namely that he or she will perform their role in a manner that adheres to the rules of the organisation in question. The covert nature of the bribe is also problematic; once a bribe is uncovered, the vitality of the entire organisation is endangered because people will inevitably question the integrity of all prior actions undertaken by the affected institution. I shall argue that bribery is wrong regardless of whether the bribe has any impact upon the actions of the recipient, for the motivation that underlies an action is as important as the action itself. Only when one knows institutional corruption to rife can bribery be deemed common practice; in this case, one has a moral right to violate the duties of their position, for their duties require them to engage in corrupt practise.
Bribery poses difficulties on moral grounds because it is incompatible with the principal of human equality and the fundamental right for individuals to be treated with equal respect and concern. For an institution to adhere to this principle, they must operate with fairness and impartiality: nobody should have access to influence that is not accessible to all. Bribery operates as part of a mechanism by which influence is only available ...
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...in this scenario one cannot depend upon the authorities to ensure that organisations operate in a just manner.
Works Cited
D’Andrade, Kendall (1985) Bribery in the Journal of Business Ethics, D. Reidel Publishing Company (Boston), pp. 239-248.
Danley, John (1984) Towards a Theory of Bribery, Philosophy Documentation Centre pp.79-86.
Engle, Eric (2010) I Get by with a Little Help from My Friends? Understanding the U.K. Anti-Bribery Statute in The International Lawyer, Vol. 44, No. 4, pp. 1173-1188.
Green, Stuart P. (2005) What’s Wrong with Bribery in DEFINING CRIMES: ESSAYS ON THE CRIMINAL LAW'S SPECIAL PART, Oxford University Press (Oxford).
Philips, Michael (1984) Bribery in Ethics 94(4), The University of Chicago, pp. 621-636.
Turrow, Scott (1985) What’s Wrong with Bribery in Journal of Business Ethics, D. Reidel Publishing Company (Boston), pp. 249-251.
When dealing with corruption, first question to ask or to clarify is what corruption is. NSW Research (2002) describes corruption anything from gaining materialistically by virtue of position (for eg. getting a special discount at stores) to engaging in ‘direct criminal activities’ (eg. selling drugs). Newburn (1999) believes that there is a thin line between the definition of ‘corrupt’ and ‘non-corrupt’ activities as at the end, it is an ethical problem. For common people, however, bribery generalises corruption.
Corruption is an individual and institutional process where there is a gain by a public official from a briber and in return receives a service. Between the gain and the service, there is an improper connection, (Thompson p.28). The two major categories of bribery is individual and institutional corruption. Receiving personal goods for the pursuit of one’s own benefit is personal fraud. An example of individual distortion is the financial scandal involving David Durenberger. Organizational corruption involves “receiving goods that are useable primarily in the political process and are necessary for doing a job or are essential by-products of doing it,” (Thompson p.30). An instance of institutional fraud is the Keating Five case. There are also times where there is a mixture of both individual and organizational corruption in a scandal. An example of this diverse combination is James C. Wright Jr. actions while he was the Speaker of the House.
Brooks, Leonard J. Business & Professional Ethics for Directors, Executives, & Accountants. Mason: Thompson South-Western, 2004. p227.
Urbina, Ian (2007), Despite Red Flags About Judges, a Kickback Scheme Flourished, http://www.nytimes.com/2009/03/28/us/28judges.html?_r=2& (Accessed 15th December 2013)
Corruption is a persistent problem that plagues the world and it knows no boundaries. Transparency International defines it as the “abuse of entrusted power for private gain” (2013). For the purposes of this thread, ‘corruption’ is defined as any individual, collective, or structural act or process that permits the use of public authority or position for private gain. This definition captures the broad and many ways individuals and institutions abuse power and the public trust. In regard to whistleblowing, much conflict stems from the context in which the whistleblower is viewed.
Seawell, Buie 2010, ‘The Content and Practice of Business Ethics’, Good Business, pp. 2-18, viewed 22 October 2013, .
Ferrell, O. C., Fraedrich, J., & Ferrell, L. (2013). Business ethics: Ethical decision making and cases: 2011 custom edition (9th ed.). Mason, OH: South-Western Cengage Learning.
Mayhew, Robert. The Journal of Ethics , Vol. 1, No. 4 (1997) , pp. 325-340
Norman, W., & MacDonald, C. (2004). Getting to the bottom of the "triple bottom line". Business Ethics Quarterly, 14(2), 243-262. http://dx.doi.org/10.5840/beq200414211
The development of a country depends generally on the work and values of its society. The image of a country can be severely damaged by certain actions and behavior of their citizens, like bribery. When a country is known as a corrupt nation, not only will the facade of the country be affected, but also the economy. Establishing measures to eradicate corruption are urgently necessary. Corruption has been around since the begging of time, but currently is more common in business, more specifically, international business. Although some organizations have been formed, and conventions have been signed in order to end it, corruption is still one of the mayor problems around the world. An ethical view might bring more insight to why bribery and corruption is not a moral act and why more severe measures should be taken into consideration.
Bribery is wrong, and it would be almost instinctive to point at the benefits of impartially functioning public servants and incorrupt corporations to our democratic society as justification. However, in this imperfect world where bribery is rife in varying degrees, is it possible to express this notion convincingly? Certainly 'because the UK Bribery Act says so' is far less persuasive to a council planning office in Shanghai than in London, and indeed in compliance with section 7 of the Bribery Act 2010 which relates to commercial offences, it is essential that this question is engaged with on a corporate scale and without assertion through dogma. Accordingly, this essay will argue that elements wrong with bribery are inclusive of both moral and economic considerations. Moreover, in conjunction with international mandates, advent of aggressive legislation such as that of the UK Bribery Act 2010 is representative of global efforts to eliminate bribery. Hence, it follows that bribery can never be considered a normal part of business because it is economically unsustainable in the long term.
The definition they give for bribery is the following: “bribery is the bestowing of a benefit in order to unduly influence an action or decision” (2006, p.10). To prevent corruption, it is important to know who is prone to be corrupt. Husted (1999) showed that a culture that is prone to corruption is often highly risk averse, masculine, and has a large power distance, as defined in the work of Hofstede (1984). On the other hand, it is argued that some individuals are more predisposed to commit crimes than other individuals in the same position.
Shaw, W. H., & Barry, V. (2011). Moral Issues in Business (Eleventh ed., pp. 230-244).
The existence of bribery and unethical behavior is rampant in the world market and may not change overnight. The question of bribery has been distilled in business literature as a question of ethics. In this situation at the airport with the customs officer, it is important to distinguish between business ethics and personal ethics. In a business ethics situation, the Foreign Corruption Practices Act would prohibit offering any bribe to the custom office – for example to free a shipment of goods that was lost in red tape (Pitman & Sanford, 2006). Most companies also have policies against bribery as well. In this situation, however the main issue at hand is that of personal ethics. When in a situation where your company is unknown and there is no business being conducted, normal business ethics and laws (including FCPA) do not apply only personal ethical standards.
Montesh, M. (n.d.). Conceptualizing Corruption: Forms, Causes, Types and Consequences. Retrieved May 4, 2014, from