¶ … companies I talked about in Phase 1 was Costco. The big thing in this and other reports is that there are tradeoffs, but they are not necessarily ethical tradeoffs. Ethical dilemmas must have tradeoffs that are mutually exclusive and where the agent is thereby forced to do something wrong -- this is an established concept in philosophy (McConnell, 2010). Thus, in theory, the business must choose between sustainability and profit, if we assume Friedman's agency argument (1970). The problem is that this is a false dilemma, because sustainability and CSR are concepts that the firm is free to define itself. Any given scenario is set, and might create a dilemma, but the firm overall in its activities faces no such dilemma -- this is an important distinction.
The way business approaches the concepts of sustainability and corporate responsibility is to frame the "dilemma" as a question for a mutually beneficial solution. There is no such possibility in a true ethical dilemma. Costco's sustainability report discusses site design, carbon footprint and energy management among other concepts. There is a key trait to all of these concepts -- they are all tied to efficiency. What Costco and a lot of other companies have realized is that they benefit from efficiency. The fewer resources they use, the better it is for both their bottom lines and for the environment.
The same can be said of Costco's wages and benefits, which are unusually high for its industry. This seems like a dilemma because higher wages should lead to lower profits, but again that is a misconception that is taken as a mutually exclusive scenario. Costco management realizes that higher wages and higher profits are not mutually exclusive, because experienced employees contribute at a higher level than inexperienced ones, there are fewer training and error costs associated with low turnover rates and service standards are higher when employees are genuinely engaged in their work.
Thus, there are not genuine ethical dilemmas, because there is no condition of mutual exclusivity. Companies can and do find solutions that are mutually beneficial. Ok, not all companies do, but any company you would want to model your CSR program after takes this approach and many succeed at a high level by framing the "dilemma" not as a dilemma at all but as an opportunity to find a mutually beneficial solution where nobody has to lose. This is the opposite of an ethical dilemma, where there must be a loser. A positive frame of mind seems to work wonders for companies like Costco.
Part II. I covered the definition of an ethical dilemma above -- there must be mutually exclusive tradeoffs wherein no matter what the agent does, there will be a negative outcome. (Obviously if all outcomes are positive there isn't really a dilemma). A legal dilemma is similar, with one exception. An ethical dilemma is framed by some sort of ethical theory or guideline (there are several from which to choose) but a legal dilemma is framed by the laws of the land. In many cases, there is no dilemma. An example would be Enron -- that was always criminal so there was no legal or ethical dilemma. But as we all know, laws are not always clear.
A law might be vague in its wording, or in the ways that the courts have interpreted it. So there might be a situation where a company legitimately cannot determine whether a particular course of action is legal or not. Such scenarios would probably not be determined to be legal until it reached the court system -- and most companies are not keen on taking that risk. Alternately, there are legal dilemmas where someone is operating under two sets of laws. I can think of a couple of examples. Coca-Cola is available for sale in Cuba. It comes from the company's subsidiary in Mexico. Now, this is not illegal in Mexico, but it is illegal in the United States under Helms-Burton. Which law is more important, that of the company's country (Mexico), or the parent company's country (U.S.). The same can be said for the Foreign Corrupt Practices Act. Bribery might be legal in one country, but it is not illegal for an American company to do it anyway -- but which law is more important/relevant, and does the citizenship of the person paying the bribe matter? There are always legal grey areas that create legal dilemmas and their resolution is going to be similar to that of ethical dilemmas where there is some downside risk no matter what choice is taken.
Part III. Slaper and Hall (2011) outline...
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