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PHIL 350


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Saharra Marshall


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External Controls
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are market driven

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External Controls
Are market driven
Internal Controls
Revolve around executive compensation
Principal - Agent problem
When there is a conflict of interest between the principal and the agent
Agent
A person or entity that represents the interest of another party (managers and executives)
Principal
A rule or entity that is first ranked in importance or level of ownership (shareholders)
Monitoring
The constant flow of information so that shareholders are able to view the current state of a corporation. mechanisms are in place to oversee managers and evaluate their performance
Corporate Governance
Controls put in place to ensure that a corporation is running in a ethical, legal, and and transparent manner that is in the best interest of the shareholders
Bowie + Duska propose what criteria concerning personal responsibility?
- the extent of the need - the proximity of person (s) in need - the capacity to assist - others availability and likeliness to render assistance
What counts as genuine cases of whistleblowing
- solid/serious issue with evidence - other less harmful options must be exercised and unavailable - it is in the publics best interest to know - blowing the whistle must solve the problem
Two considerations when going through criteria of whistle blowing
- public interest must be threatened by a policy or procedure - employees have tried to fix the issue
What are the two types of whistle blowing
Internal - which is reporting the issue through a different channel of authority but still within the organization. External - which is outside of the organization but reporting to a senior authority, and/or media exposure.
Whistleblowing
Making public matters that organizations have ignored or wish to keep hidden but which constitute a significant wrong or an immediate danger
Why does the culture of an organization matter with whistleblowing
Hierarchical cultures perceive loyalty in terms of silent compliance and disloyalty as overt criticism. If an organization encourages consultation, silence is viewed as disloyalty.
Negative Advocacy
When the attention is directed onto the whistle blower attacking their credibility to divert attention away from the issue being exposed
Consequences of blowing the whistle
- Exposing injustice does not rid you from the potential adverse consequences - potential job loss, bankruptcy, marriage failure, murder, jail - the focus is directed onto the whistler blower while the attention is diverted away from the people keeping silent ~ scapegoating
What are some objections to whistle blowing
- Cause distrust within the organization - Person may have a grudge against the organization - Not all whistleblowers have a moral motive - Person may not have all the information therefore resulting is negative consequences - The information exposed is owned by the company - Act breaks employees contact - The employee has a duty to report to superiors
Professional Codes
Established set of rules that are followed by professions and sets the standards for practitioners
Alternatives to ethical empowerment are not good and lead to:
- stagnation - inefficiency - managers are unable to exercise good judgement
Business Code
Established set of rules that are followed by individual businesses
Industry Code
Established set of rules that operate at an industry level and set the standards for firms and employees within the industries
Ethical Empowerment
The delegation of authority for ethical decision making
Advantage and benefits of a code of conduct
- creates uniformity - takes the stress off of employees and helps the organization with respect to the public trust
Disadvantages of accountability
Not able to create and nurture good judgement
Advantages of accountability
Allows for managers to see what employees are doing, and what they should be doing
Accountability
- Is related to the code of conduct - Focuses on rules and regulations instead of judgment which responsibility does.
Code of ethics
A formal statement of principle that have to be interpreted and applied to particular situations
Code of conduct
Established set of specific and enforceable prescriptions, which eliminate uncertainty, variability, and the necessity of judgment and discretion of a code of ethics
De Jure value system
Is formally codified
A code of conduct forces us to think
About what our values are
"what should I do"
Code of conduct
De Facto value system
That exists in actual fact and is followed and acted upon in good faith, even if it is not officially codified
Why is the code of ethics important in running a good business
- way to avoid external regulation - effective way of advertising - gains public trust
How does the code of ethics bring de facto and de jure into alignment?
- creates an even playing field - it is an instrument for accountability and responsibility
How can a conflict of interest be managed
Transparency - one should be as transparent as confidentiality and prudence allows
Identify the 6 principles of professional codes of ethics
- Confidentiality - Integrity - Independence - Diligence - Objectivity - Public interest
Harms that arise from conflicts of interest
- They can damage the notion of fiduciary duty in a professional relationship - Trust in a profession can be damaged by practitioners - Can cause/give rise to a wider distrust in society
Describe the key features of a profession
Most professions are categorized by a strong sense of Independence which is: - they are not prejudice by the power/influence of those who stand to gain by a specific outcome - Independence is necessary for accountants to act ethically and with integrity
2 Views of Professionalism
- the publics best interest (first priority) - regulation and law are the appropriate constraints
Issues faced by accounting professionals
- tax evasion - manipulating financial statements - confidentiality - using insider information for personal gain - integrity in admitting ones mistakes - conflicts of interest
Conflict of Interest
When interests conflict and affect a person, regardless of whether the conflict has any effect on that person
Constitutive rules
- are rules that define a practice - determines what the practice amounts too
Regulative rules
- are rules used external to the practice - regulates practitioners