Ethics, Law, and the "Right vs. Right" Board Appointment Dilemma

Introduction: Garry's Public Relations Dilemma

The dilemma Garry faces first and foremost pertains to the public relations duties he possesses as CEO of the firm. He must consider how he frames Gabe's past actions to shareholders. Gabe was very young when he committed his past indiscretion and has since paid his debt to society. People's negative views arise from their perceptions of criminals generally, not from any ongoing legal issues Gabe must resolve. Even in a court of law, there would in most estimations be a number of mitigating circumstances regarding Gabe's actions, including his desire to pay his tuition and the fact that Skeeter instigated his participation. Gabe would not likely have engaged in illegal activity without Skeeter's instigation.

In this particular case, the primary ethical norm at stake is one of justice and forgiveness for someone who has paid his debt to society. As Kubasek, Brennan, and Browne (2015, p. 8) note, this consideration must remain central to Garry's final decision. The concept of restorative justice — the idea that rehabilitation and reintegration matter as much as punishment — is directly relevant to evaluating Gabe's situation.

Sociological and Critical Legal Perspectives on Gabe's Past

The initial desire to forgive Gabe is not simply a reflection of Garry's gut instinct; it also reflects a specific sociological view of the law, which holds that law should be responsive to human needs and the dynamic nature of the social environment rather than adhering to a rigid set of norms (Kubasek, Brennan, & Browne, 2015, p. 19). Some critical — and particularly Marxist — legal theorists might point to a class-based argument to explain Gabe's indiscretion. Gabe's poverty and his struggles to stay in school appear to be the primary motivator in his decision to participate in robbery. He was pursuing a degree at the time, caught between maintaining his scholarship and working, which made it extremely difficult to sustain his studies.

The children of the wealthy do not face such a choice; they are supported in their academic endeavors both financially and emotionally, and therefore have far less incentive to engage in illegal activity. Gabe had no one to turn to for financial advice or psychological support, and as a result he engaged — some might say inevitably — in criminal behavior (Kubasek, Brennan, & Browne, 2015, p. 20). Critical legal theorists stress that law is not a reflection of morality but of power interests. A person who commits white-collar crime — such as illegal buying and selling of investments — would very likely receive a far lighter sentence than Gabe received for armed robbery, illustrating the class dimensions embedded in the legal system.

The Problem of Disclosure and Corporate Image

A separate problem arises from the specific context in which Gabe is being asked to serve: the board of a firearms company. Given that Gabe's original crime involved a firearm, his appointment could create a damaging image for an industry that is already subject to intense public criticism. This reputational risk compounds the underlying ethical question considerably.

There is also the matter of disclosure. Gabe did not immediately reveal his prior criminal record to Garry when Garry made his initial appointment decision. Gabe presumably should have recognized that this information could be a relevant factor in Garry's deliberations. The failure to disclose proactively raises questions about transparency and professional responsibility that are independent of the moral merits of Gabe's rehabilitation.

Reference

Kubasek, N. K., Brennan, B. A., & Browne, M. N. (2015). The legal environment of business: A critical thinking approach (7th ed.). Upper Saddle River, NJ: Pearson Education, Inc.