State of the Art in Accounting Ethics Education A Philosophical Foundation for Teaching Ethics James Gaa University of Alberta August 8, 2015 This Session Basic concepts underlying a moral point of view Psychological aspects of ethical behavior that relate to how we make moral judgments and the role of ethical theory in making them We need to understand the underlying psychology of how people make moral judgments Then we can address how to overcome our cognitive limitations Which involves rational thinking and appeal to ethical theory and ethical principles 2 The Core of Ethics Robinson Crusoe Two situations Robinson Crusoe alone Robinson after his man Friday arrives Without Friday: Robinson Crusoe needs to make decisions He needs: food, water, shelter, clothing, etc. He must make value judgments and choices – relating to what is important to him and what will benefit him most 3 The Core of Ethics Robinson Crusoe But he doesn’t need ethics: Alone, he doesn’t need to take into account the interests of others He does not Harm or benefit others Require or benefit from cooperation with others Compete with others He has no rights and no duties to others Any ethical character traits (e.g., honesty) are irrelevant 4 The Core of Ethics Robinson Crusoe When Friday arrives, lots of things change Crusoe’s actions have an impact on Friday’s welfare, and vice versa Crusoe and Friday need to find a way of cooperating Crusoe becomes responsible for Friday’s welfare Note: Friday becomes Crusoe’s servant But not a slave – Crusoe had owned slaves earlier 5 Ethics: Limitations on Self-Interested Behaviour What will I do if: I’m pressured or coerced by others to act unethically? Very common in organizations CGMA study: 37% of accountants encounter this IESBA standard in the final stages Provides guidance, not answers What I believe I ought to do may harm me and my family? No one can observe my self-interested behaviour? There are no penalties for my self-interested behaviour? An old question: The Ring of Gyges (Plato’s Republic) 6 Digression: Trust and the Ring of Gyges Trust as an attitude or state of mind: “… the willingness of a party to be vulnerable to the actions of another party based on the expectation that the other party will perform a particular action important to the trustor, irrespective of the ability to monitor or control that other party.” (Mayer et al., 1995) Clearly Trust and trustworthiness are central to the practice of accounting and auditin BUT: not mentioned in IESBA Code of Ethics for Professional Accountants – and other codes 7 Psychological Egoism People, as a matter of fact, act in their self-interest to the exclusion of the interests of others It drives a lot of economic/finance research It “works” to some extent But, it’s false. People do (and should) act in their self-interest – that’s obvious But they frequently consider the interests of others, and sometimes give them priority 8 Economic Egoism It’s economically rational to act in one’s self-interest and to ignore the interests of others It’s supposed to be a winning strategy – take advantage of others before they take advantage of you to defend against their self-interested behaviour A world without trust It’s commonly believed in business schools by faculty and taught to students – e.g., principal-agent theory dominates research and teaching in accounting 9 Adam Smith Considered to be a champion of competitive market economies – “The Wealth of Nations” The “invisible hand” theorem: the best outcome results from competition between self-interested individuals without the interference of government Smith wrote another book: The Theory of Moral Sentiments We judge actions from the position of a disinterested spectator who takes a sympathetic view of the recipient of the action – and in judging our own actions, we must overcome the distortions of selfinterest 10 Ethical Egoism It is ethically acceptable to act in one’s self-interest, to the exclusion of the interests of others. Libertarianism: an ethical/political theory that advocates selfinterested behaviour E.g., cooperate with others only when it is in your selfinterest to do so Basic problem with economic and ethical egoism: It’s ultimately self-defeating 11 Why Teach Accounting Ethics? To make accountants better people – or better accountants? to turn “bad people” into “good people”? Recent research: ethicists are not more ethical than other philosophers or academics Because some State Boards of Accountancy (USA) and professional bodies around the world require it? To help accountants identify and deal with ethical issues in the practice of accounting? To help accountants act in the public interest? The most basic principle of accounting ethics 12 Basic Perspective of an Ethical Orientation Most people want to do “the right thing” to act as they ought to act in accordance with fundamental ethical principles Why do good people fail to do what they ought / do what they ought not? Is this because they act irrationally? How can good people improve the chances of doing as they ought? To what extent is this about rational behavior? Can teaching improve people’s ability to act ethically? 13 What is Required in Order to Understand Ethical Behavior? Psychology – theories and evidence about How people Do make moral judgments about value and action Do decide what they or others ought to do Ethical theory – concepts and principles How people Ought to make moral judgments about value and action Ought to act Ought to live We need to incorporate both perspectives into our teaching 14 Ethics and Rationality Traditional view: People are or are capable of being rational when they make moral judgments and decisions They appeal to fundamental ethical concepts and principles to: Justify their moral judgments Decide what they ought to do – and do it Justify their actions to themselves and others In short: They make rational decisions about what they and others ought to do This is commonly believed as an empirical matter But it is controversial 15 A Rational Method for Making Moral Judgments 1. Identify the ethical aspects of a situation 2. Define the norms, principles, and values relevant to the situation. 3. Identify the alternative courses of action. 4. Gather relevant information 5. Evaluate each course of action with respect to: 1. norms, principles, and values 2. consequences for everyone of each course of action 6. Make a rational, justified moral judgment 16 The Role of Ethical Theory Steps 2 and 5 (and maybe 1) suggest an appeal (explicit or implicit) to an ethical theory, and one or more ethical principles Round up the usual suspects: Consequentialist theories Duty-based and Rights-based theories Theories relating to fairness and following rules (including law, regulation, codes of ethics) Virtue theories 17 The Problematic Role of Ethical Theory and Rationality in Teaching The problem (in my experience): In discussing cases, students seldom appeal to ethical theory It’s not natural even when pushed, they do so only haltingly without confidence, conviction, or credibility Why? Two possibilities: Lack of preparation or practice People just don’t think that way naturally or at least not all the time 18 Psychology of Ethical Behavior Dual Process Theory: System 1 Cognition Quick (even instantaneous) Intuitive Low effort Possibly impulsive Process 1 thinking has evolved we use it most of the time and it works most of the time But it’s subject to many biases Claim: Many moral judgments are made this way People often make intuitive judgments very quickly Often, they can’t explain their judgments 20 Dual Process Theory: System 2 Cognition Slow Analytic Logical High effort Reflective We use system 2 only when we need to when system 1 thinking doesn’t provide adequate answers Reflective moral judgments are made this way Relies on explicit appeal to ethical concepts and principles the interests of others alternative courses of action (identifying and comparing) May also be subject to bias 21 Social Intuitionism (Jonathan Haidt) A fundamental challenge to the rationalistic approach to ethical decision making We make many moral judgments intuitively without active thinking (process 1) Often, people can’t explain or justify their judgments Process 2 thinking is irrelevant to them Judgments may be influenced by all sorts of rationally irrelevant considerations – e.g., sight and smell 22 Non-cognitive Biases Some factors that have been shown to influence moral judgments: Used paper tissue Fart spray Lysol, Windex Authority e.g., Milgram, Obedience to Authority Major issue in hierarchical organizations Accountants’ codes of ethics are silent on this (currently) 23 Social Intuitionism (Jonathan Haidt) Moral judgment (process 2) doesn’t cause behavior it is usually a social construct ex post to rationalize a judgment already made non-rationally Again, I’ve seen this in my students most of the time when discussing cases They are often unable to provide a decent justification ex post (i.e., in class) Important: Haidt doesn’t deny that sometimes moral problems must be dealt with via process 2 thinking 24 Ethically Relevant Cognitive Biases Self-serving bias more responsible for successes than failures judgments of ambiguous situations more in favor of self Framing decisions are sensitive to description of situation Fundamental attribution error too much or too little weight on personal characteristics vs. situation Incrementalism gradual deterioration in ethical behavior slippery slope, boiling frog Loss aversion asymmetric weighting of losses vs. gains 25 Bounded Ethicality We judge ourselves and our actions more favorably then we do others and their actions. One standard for ourselves, and one for others We justify our own actions that we would not regard as justifiable if done by others Lots of research: our ability to make “objective” or “neutral” ethical judgments is clouded by psychological biases Especially judgments that favor our self-interest We may think we’re acting in the interest of others But it really may be in our self-interest We deceive ourselves about our motivations and intentions We rationalize our actions as in the interest of others (Process 2) 26 Motivated Blindness We see what we want to see Often, what is in our self-interest Ethical fading: The ethical aspects of our situation fades from consciousness due to characteristics of the situation organizational goals, compensation plans, control systems, corporate culture generally we get used to unethical behavior in the workplace 27 The Role of Ethical Theory and Process 2 Thinking in Practical Ethics The Value of Process 2 Thinking: The Role of Ethical Theory Being reflective and analytic is often necessary: Personal level: for very difficult issues, where the “answer” is not clear this is common to make implicit assumptions, values and rules explicit to battle self-interest bias – e.g., explicitly consider the interests of others Organizational level: to explain and justify your judgments to others to sway others to your view 29 What Should We Instructors be Doing? Recognize the importance of process 1 moral thinking Especially: Develop the ability to recognize ethical issues Process 1 judgments are often right, but not always Encourage students to recognize when process 1 judgments are not sufficient Develop students’ ability to engage in process 2 thinking Appeals to fundamental principles, codes of ethics, laws, etc. In general, develop ability to recognize and counter psychological biases that color our thinking – especially self-interest 30 What Should We Instructors be Doing? Process 1: We need to understand our biases that influence our intuitive judgments Be aware of cognitive and non-cognitive biases Move in the direction of process 2 thinking, as appropriate Process 2: We need to understand our ability to rationalize intuitive judgments Otherwise, we haven’t really moved beyond the judgments made by process 1 thinking WE NEED RATIONALITY, NOT RATIONALIZATION 31 Ethical Theories The Practical Role of Ethical Theories Ethical theories are rigorous formulations of the ways we think about ethical situations In practical situations: they help us organize and structure our thoughts, and make a judgment that can be justified to others In different situations, we may appeal to different types of concepts and principles (i.e., theories) 33 There’s Not a Unique Correct Ethical Theory You don’t have to decide which one is “best” or “correct” Each major theory emphasizes an important aspect of situations in which our actions affect the welfare of other people In practice, we can decide which theory relates to the central issues of practical situations, and use it This is not the same as sophistry – finding clever arguments to rationalize our preconceived beliefs Using ethical theory to rationalize our choices is not appropriate 34 Ethical Theories How We Think About Ethics We choose our actions – decide what to do -- based on: 1. Their expected consequences 2. Obligations to/from others – e.g., Promises Duties Rights 35 How We Think About Ethics We choose our actions – decide what to do -- based on: 3. Characteristics of actions and states of affairs – e.g., Fairness Legality 4. Characteristics of People – e.g., Character / Virtue Trustworthiness 36 1. Consequentialism Consequentialism: a type of ethical theory Utilitarianism: a specific type of consequentialism Need: a conception of value – what is important to people Then: actions are to be judged and chosen ethically on the basis of their expected consequences in relation to a person’s objectives and values 37 2a. Deontological (Duty) Theories Duty: an act is Obligatory and should be done, or Forbidden and should not be done We often judge actions in terms of our duties to others So, the ethical principles underlying the situation relate to duty Important: in its pure form (e.g., Kant), this means that the consequences of actions are not relevant at all in judging actions Codes of ethics emphasize duties 38 2b. Rights Theories Talk of rights is common Rights are important in relation to information Generally: A right is an entitlement (a) to possess certain things (b) to act in a certain way (c) to be treated in a certain way 39 Rights and Duties Hohfeldian theory: 4 kinds of rights Privileges Claims Powers Immunities Critical point: If one person or group has a right of one sort, that implies a duty on the part of another person or group Duty to act / not act: An obligation to act or not act An act is required or forbidden 40 3. Law and Ethics Laws capture our basic ethical beliefs about activities and relationships But “the Law” – including codes of professional ethics – at any point in time does Not DEFINE what is ethical If it did, abortion and same-sex marriage wouldn’t continue to be ethical controversies And laws would change as our ethical values change 41 3. Ethics and Following Rules (Legal, Professional, and Others) Why Following Rules Is Not Always Enough Sometimes they are incomplete – judgment is required conflict with each other are mistaken or unethical 42 4. Virtue (Character) Theories Virtues are character traits that guide us in our actions The focus is on people and their characteristics rather than on abstract principles or consequences of actions The basic questions for Aristotle: how should one live? what sort of person should a person be? not: how should one act? 43 Codes of Professional Ethics and Regulations “Judgment-based” Duty: Professional accountants are responsible for acting (have a duty to act) in accordance with fundamental principles Fundamental principles based on character traits: integrity, honesty, objectivity How would/should a professional accountant who has integrity act? Consequences: Professional accountants should consider the consequences of their actions “Rule-based”: Professional accountants are required to act in accordance with specific directives in laws, regulations and codes IESBA Code contains 83 pages (out of 151) on independence 44 Professional Ethics Codes of Professional Ethics are mostly explicitly about a professional’s duties to others to act or not to act in a certain way Implicit: The rights of the others to have a professional act or not to act for their benefit Sometimes professionals have certain rights – and no duty A basic issue for professional ethics: Do members of a profession have special rights and duties that a non-professional does not have e.g., duty of confidentiality or duty to disclose 45 Selected Readings Dual Process Theory Daniel Kahneman (2011) Thinking, Fast and Slow. Doubleday. Moral Cognition Jonathan Haidt (2001) “The Emotional Dog and Its Rational Tail: A Social Intuitionist Approach to Moral Judgment”, Psychological Review 108(4), 814-834. Jonathan Haidt, (2010) “Morality” Handbook of Social Psychology Joseph M. Paxton and Joshua D. Greene (2010) “Moral Reasoning: Hints and Allegations.” Topics in Cognitive Science: 1-17. James R. Rest (1986) Moral Development: Advances in Research and Theory. New York: Praegar Bahavioral Ethics Max H. Bazerman and Ann E. Tenbrunsel (2011a) Blind Spots: Why We Fail to Do What’s Right and What to Do about It. Princeton University Press. _____ (2011b) “Blind Spots: The Roots of Unethical Behaviour at Work” Rotman Magazine (Spring) _____ (2011c) “Ethical Breakdowns” Harvard Business Review (April) 46 Selected Readings Doris, John and Stich, Stephen, "Moral Psychology: Empirical Approaches", The Stanford Encyclopedia of Philosophy (Spring 2014 Edition), Edward N. Zalta (ed.), URL = <http://plato.stanford.edu/archives/spr2014/entries/moral-psych-emp/>. Alfano, Mark and Loeb, Don, "Experimental Moral Philosophy", The Stanford Encyclopedia of Philosophy (Summer 2014 Edition), Edward N. Zalta (ed.), forthcoming URL = <http://plato.stanford.edu/archives/sum2014/entries/experimentalmoral/>. Teaching Materials relating to Behavioral Ethics Muel Kaptein (2013) Workplace Morality: Behavioral Ethics in Organizations. Kingley, UK. Emerald Group Publishing Ltd. Robert Prentice, et al. (n.d.) “Ethics Unwrapped” University of Texas http://ethicsunwrapped.utexas.edu/ (including videos on Giving Voice to Values) 47 Selected Readings Ethical Theory Alexander, Larry and Moore, Michael, "Deontological Ethics", The Stanford Encyclopedia of Philosophy (Winter 2012 Edition), Edward N. Zalta (ed.), URL = <http://plato.stanford.edu/archives/win2012/entries/ethics-deontological/>. Gert, Bernard, "The Definition of Morality", The Stanford Encyclopedia of Philosophy (Fall 2012 Edition), Edward N. Zalta (ed.), URL = <http://plato.stanford.edu/archives/fall2012/entries/morality-definition/>. Gowans, Chris, "Moral Relativism", The Stanford Encyclopedia of Philosophy (Spring 2012 Edition), Edward N. Zalta (ed.), URL = <http://plato.stanford.edu/archives/spr2012/entries/moral-relativism/>. Hursthouse, Rosalind, "Virtue Ethics", The Stanford Encyclopedia of Philosophy (Fall 2013 Edition), Edward N. Zalta (ed.), URL = <http://plato.stanford.edu/archives/fall2013/entries/ethics-virtue/>. Jeske, Diane, "Special Obligations” (role obligations), The Stanford Encyclopedia of Philosophy (Spring 2014 Edition), Edward N. Zalta (ed.), URL = <http://plato.stanford.edu/archives/spr2014/entries/special-obligations/>. Sinnott-Armstrong, Walter, "Consequentialism", The Stanford Encyclopedia of Philosophy (Spring 2014 Edition), Edward N. Zalta (ed.), URL = <http://plato.stanford.edu/archives/spr2014/entries/consequentialism/>. Wenar, Leif, “Rights”, The Stanford Encyclopedia of Philosophy (Fall 2011 Edition), Edward N. Zalta (ed.), URL = <http://plato.stanford.edu/archives/fall2011/entries/rights/>. Especially section 2.1. 48