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Since its inception, An Introduction to Business Ethics by
Joseph DesJardins has been a cuting-
edge resource for the business ethics course. DesJardins’ unique
multidisciplinary approach
offers critical analysis and integrates the perspective of
philosophy with management, law,
economics, and public policy, providing a clear, concise, yet
reasonably comprehensive
introductory survey of the ethical choices available to us in
business.
Highlights of the Fifh Edition:
• NEW! Discussion cases throughout focused on Goldman
Sachs, the LIBOR banking
scandal, Patagonia, and Chick-fil-A and same-sex marriage.
Additional revised and
updated cases include discussions on Walmart and bribery in
Mexico, Apple and
Foxconn in China, executive compensation, conflicts of interest
at Goldman Sachs,
and employee privacy.
• A revised discussion of ethical theory which de-
emphasizes philosophical jargon,
introduces ethics as involving frameworks and paterns of
reasoning rather than as
abstract “theories,” and expands discussion of ethical
principles, rights, and duties.
What Instructors are Saying about An Introduction to Business
Ethics:
“A great book, thorough and accessible.”– Jessica McManus,
Notre Dame University
“Provides all the major areas in Business Ethics . . . It is
clear, challenging, and comprehensive.”
– Andy Wible, Meskegon Community College
Visit www.mhhe.com/desjardins5e for a wealth of student and
instructor resources!
Fifth Edition
An Introduction to Business Ethics
D
esJardins
Fi f th Ed it ion
An Introduction to
Joseph DesJardins
Business Ethics
M
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A N I N T R O D U C T I O N T O
B U S I N E S S
E T H I C S
F i f t h E d i t i o n
J o s e p h D e s J a r d i n s
C o l l e g e o f S t . B e n e d i c t / S t . J o h n ’ s U n i v e
r s i t y
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TM
AN INTRODUCTION TO BUSINESS ETHICS, FIFTH
EDITION
Published by McGraw-Hill/Irwin, a business unit of The
McGraw-Hill Companies, Inc., 1221
Avenue of the Americas, New York, NY, 10020. Copyright ©
2014 by The McGraw-Hill Compa-
nies, Inc. All rights reserved. Printed in the United States of
America. Previous editions © 2011,
2009 and 2006. No part of this publication may be reproduced
or distributed in any form or by
any means, or stored in a database or retrieval system, without
the prior written consent of The
McGraw-Hill Companies, Inc., including, but not limited to, in
any network or other electronic
storage or transmission, or broadcast for distance learning.
Some ancillaries, including electronic and print components,
may not be available to customers
outside the United States.
This book is printed on acid-free paper.
1 2 3 4 5 6 7 8 9 0 DOC/DOC 1 0 9 8 7 6 5 4 3
ISBN 978-0-07-803832-7
MHID 0-07-803832-4
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Library of Congress Cataloging-in-Publication Data
DesJardins, Joseph R.
An introduction to business ethics/Joseph DesJardins.—Fifth
edition.
pages cm
ISBN 978-0-07-803832-7 (alk. paper)
1. Business ethics. I. Title.
HF5387.D392 2014
174’.4—dc23
2012048757
www.mhhe.com
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iii
About the Author
Joe DesJardins is Vice Provost, as well as Professor in the
Department of Phi-losophy, at the College of St. Benedict and
St. John’s University in Minnesota.
His other books include Business Ethics: Decision Making for
Personal Integrity
and Social Responsibility (with Laura Hartman and Chris
MacDonald); Environ-
mental Ethics: An Introduction to Environmental Philosophy;
Environmental Ethics:
Concepts, Policy, and Theory; Contemporary Issues in Business
Ethics (co-editor with
John McCall); and Business, Ethics, and the Environment. He
is the former Execu-
tive Director of the Society for Business Ethics and has
published and lectured
extensively in the areas of business ethics, environmental
ethics, and sustain-
ability. He received his B.A. from Southern Connecticut State
University and
his M.A. and Ph.D. from the University of Notre Dame. He
previously taught
at Villanova University.
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To Linda
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v
Contents
Preface x
Chapter One: Why Study Ethics? 1
Learning Objectives 1
Discussion Case: The LIBOR Scandal: Is It Ok If Everyone
Does It? 2
Discussion Questions 4
1.1 Why Study Business Ethics? 4
1.2 Values and Ethics: Doing Good and Doing Well 6
1.3 The Nature and Goals of Business Ethics 10
1.4 Business Ethics and the Law 12
1.5 Ethics and Ethos 13
1.6 Morality, Virtues, and Social Ethics 15
1.7 Ethical Perspectives: Managers and Other Stakeholders 16
1.8 A Model for Ethical Decision Making 17
Refl ections on the Chapter Discussion Case 18
Chapter Review Questions 19
Chapter Two: Ethical Theory and Business 20
Learning Objectives 20
Discussion Case: AIG Bonuses and Executive Salary Caps 21
Discussion Questions 22
2.1 Introduction 23
2.2 Ethical Relativism and Reasoning in Ethics 25
2.3 Modern Ethical Theory: Utilitarian Ethics 29
2.4 Challenges to Utilitarianism 33
2.5 Utilitarianism and Business Policy 35
2.6 Principle-Based Ethics 37
2.7 Virtue Ethics 41
2.8 Summary and Review 44
Refl ections on the Chapter Discussion Case 45
Chapter Review Questions 46
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vi Contents
Chapter Three: Corporate Social Responsibility 48
Learning Objectives 48
Discussion Case: Walmart 49
Discussion Questions 52
3.1 Introduction 53
3.2 The Economic Model of Corporate Social Responsibility 53
3.3 Critical Assessment of the Economic Model:
The Utilitarian Defense 56
3.4 Critical Assessment of the Economic Model:
The Private Property Defense 61
3.5 The Philanthropic Model of Corporate Social Responsibility
64
3.6 Modifi ed Version of the Economic Model: The Moral
Minimum 65
3.7 The Stakeholder Model of Corporate Social Responsibility
67
3.8 Strategic Model of Corporate Social Responsibility:
Sustainability 71
3.9 Summary and Review 74
Refl ections on the Chapter Discussion Case 75
Chapter Review Questions 76
Chapter Four: Corporate Culture, Governance,
and Ethical Leadership 79
Learning Objectives 79
Discussion Case: Goldman Sachs’s “Toxic Culture” 80
Discussion Questions 81
4.1 Introduction 81
4.2 What is Corporate Culture? 82
4.3 Culture and Ethics 83
4.4 Ethical Leadership and Corporate Culture 86
4.5 Effective Leadership and Ethical Leadership 87
4.6 Building a Values-Based Corporate Culture 89
4.7 Mandating and Enforcing Ethical Culture:
The Federal Sentencing Guidelines 92
Refl ections on the Chapter Discussion Case 94
Chapter Review Questions 94
Chapter Five: The Meaning and Value of Work 97
Learning Objectives 97
Discussion Case: Social Enterprises and Social Entrepreneurs
98
Discussion Questions 100
5.1 Introduction 101
5.2 The Meanings of Work 102
5.3 The Value of Work 104
5.4 Conventional Views of Work 107
5.5 The Human Fulfi llment Model 109
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Contents vii
5.6 The Liberal Model of Work 112
5.7 Business’s Responsibility for Meaningful Work 114
Refl ections on the Chapter Discussion Case 116
Chapter Review Questions 117
Chapter Six: Moral Rights in the Workplace 119
Learning Objectives 119
Discussion Case: Electronic Privacy at Work 120
Discussion Questions 121
6.1 Introduction: Employee Rights 122
6.2 The Right to Work 123
6.3 Employment at Will 127
6.4 Due Process in the Workplace 129
6.5 Participation Rights 132
6.6 Employee Health and Safety 134
6.7 Privacy in the Workplace 139
Refl ections on the Chapter Discussion Case 143
Chapter Review Questions 143
Chapter Seven: Employee Responsibilities 145
Learning Objectives 145
Discussion Case: Confl icts of Interests in Subprime Mortgages
and at Goldman Sachs and Enron 146
Discussion Questions 151
7.1 Introduction 151
7.2 The Narrow View of Employee Responsibilities:
Employees as Agents 152
7.3 Professional Ethics and the Gatekeeper Function 157
7.4 Managerial Responsibility and Confl icts of Interest 160
7.5 Trust and Loyalty in the Workplace 163
7.6 Responsibilities to Third Parties: Honesty,
Whistle-Blowing, and Insider Trading 165
Refl ections on the Chapter Discussion Case 171
Chapter Review Questions 172
Chapter Eight: Marketing Ethics: Product
Safety and Pricing 174
Learning Objectives 174
Discussion Case: Life-Cycle Responsibility for Products 175
Discussion Questions 177
8.1 Introduction: Marketing and Ethics 177
8.2 Ethical Issues in Marketing: An Overview 178
8.3 Ethical Responsibility for Products: From Caveat
Emptor to Negligence 181
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viii Contents
8.4 Strict Product Liability 185
8.5 Ethics and Pricing 187
Refl ections on the Chapter Discussion Case 191
Chapter Review Questions 192
Chapter Nine: Marketing Ethics:
Advertising and Target Marketing 194
Learning Objectives 194
Discussion Case: Predatory Lending: Subprime
Mortgages and Credit Cards 195
Discussion Questions 196
9.1 Introduction: Ethics of Sales, Advertising, and
Product Placement 197
9.2 Regulating Deceptive and Unfair Sales and Advertising 200
9.3 Marketing Ethics and Consumer Autonomy 203
9.4 Targeting the Vulnerable: Marketing and Sales 208
Refl ections on the Chapter Discussion Case 212
Chapter Review Questions 214
Chapter Ten: Business’s Environmental Responsibilities 216
Learning Objectives 216
Discussion Case: Sustainable Business 217
Discussion Questions 219
10.1 Corporate Social Responsibility and the Environment 219
10.2 Business’s Responsibility as Environmental Regulation
221
10.3 Business Ethics and Sustainable Economics 223
10.4 Business Ethics in the Age of Sustainable Development
227
10.5 The “Business Case” for Sustainability 230
Refl ections on the Chapter Discussion Case 232
Chapter Review Questions 233
Chapter Eleven: Diversity and Discrimination 234
Learning Objectives 234
Discussion Case: Chick-fi l-A and Same-Sex Marriage 235
Discussion Questions 236
11.1 Introduction: Diversity and Equality 237
11.2 Discrimination, Equal Opportunity, and Affi rmative
Action 238
11.3 Preferential Treatment in Employment 243
11.4 Arguments Against Preferential Hiring 247
11.5 Arguments in Support of Preferential Hiring 250
11.6 Sexual Harassment in the Workplace 253
Refl ections on the Chapter Discussion Case 258
Chapter Review Questions 259
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Contents ix
Chapter Twelve: International Business and Globalization 261
Learning Objectives 261
Discussion Case: Business in a Global Setting 262
Discussion Questions 263
12.1 Introduction 264
12.2 Ethical Relativism and Cross-Cultural Values 265
12.3 Cross-Cultural Values and International Rights 267
12.4 Globalization and International Business 269
12.5 Globalization and the Poor 271
12.6 “Race to the Bottom” 273
12.7 Democracy, Cultural Integrity, and Human Rights 275
Refl ections on the Chapter Discussion Case 278
Chapter Review Questions 279
Photo Credits 281
Index 283
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x
Preface to the
Fifth Edition
My overarching goal in the fi fth edition of this text remains
what it was for
the fi rst edition: “to provide a clear, concise, and reasonably
comprehensive
introductory survey of the ethical choices available to us in
business.” This
book arose from the challenges encountered in my own teaching
of business
ethics. Over the years I have taught business ethics in many
settings and with
many formats. I sometimes relied on an anthology of readings,
other times I
emphasized case studies. I taught business ethics as a lecture
course and in
a small seminar. Most recently, I taught business ethics
exclusively to under-
graduates in a liberal arts setting. It is diffi cult to imagine
another discipline
that is as multidisciplinary, taught in as many formats and as
many contexts,
by faculty with as many different backgrounds and with as many
different
aims, as business ethics.
Yet, although the students, format, pedagogy, and teaching
goals change,
the basic philosophical and conceptual structure for the fi eld
remains relatively
stable. There are a range of stakeholders with whom business
interacts: em-
ployees, customers, suppliers, governments, society. Each of
these relationships
creates ethical responsibilities, and every adult unavoidably will
interact with
business in several of these roles. A course in business ethics,
therefore, should
ask students to examine this range of responsibilities from the
perspective of
employee, customer, and citizen as well as from the perspective
of business
manager or executive. Students should consider such issues in
terms of both
the type of lives they themselves wish to lead and the type of
public policy for
governing business they are willing to support.
My hope was that this book could provide a basic framework
for examin-
ing the range of ethical issues that arise in a business context.
With this basic
framework provided, individual instructors would then be free
to develop
their courses in various ways. I have been grateful to learn that
this book is
being used in a wide variety of settings. Many people have
chosen to use it
as a supplement to the instructor’s own lectures, an
anthologized collection
of readings, a series of case studies, or some combination of all
three. Others
have chosen to use this text to cover the ethics component of
another course
in such business-related disciplines as management, marketing,
account-
ing, human resources. The book also has been used to provide
coverage of
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Preface to the Fifth Edition xi
business-related topics in more general courses in applied or
professional eth-
ics. I take this variety of uses as evidence that the fi rst edition
was reasonably
successful in achieving its goals.
NEW TO THE FIFTH EDITION
The primary goal of this new edition is to update cases with
more contempo-
rary examples and to continue to revise the text for the sake of
clarity and ac-
cessibility for students. To those ends, readers will note the
following major
changes for the fi fth edition:
• Every chapter begins with a new, or revised and updated,
discussion case.
Highlights include new cases on Goldman Sachs, the LIBOR
banking
scandal, Patagonia, and Chick-fil-A and same-sex marriage.
Revised and
updated cases include new discussions on Walmart and bribery
in Mexico,
Apple and Foxconn in China, executive compensation, conflicts
of interest
at Goldman Sachs, and employee privacy.
• A revised discussion of ethical theory that deemphasizes
philosophical
jargon (readers will no longer see the word “deontological” for
example!).
The new discussion introduces ethics as involving frameworks
and pat-
terns of reasoning rather than as “theories” and substitutes a
discussion of
ethical principles, rights, and duties for the former section on
deontologi-
cal ethics.
As always, a new edition provides an opportunity to not only
update mate-
rial, but to present it in a more accessible style. It has been
gratifying to learn
that readers have found the book clearly written and accessible
to students un-
familiar with the fi eld. In continuing to strive for these goals, I
have rewritten
some sections, deleted some outdated cases and dated material,
and worked to
improve the clarity of the more philosophical sections.
Readers of previous editions will fi nd a familiar format. Each
chapter be-
gins with a discussion case developed from actual events. The
intent of these
cases is to raise questions and get students thinking and talking
about the ethi-
cal issues that will be introduced in the chapter. The text of
each chapter then
tries to do three things:
• Identify and explain the ethical issues involved;
• Direct students to an examination of these issues from the
points of view
of various stakeholders; and
• Lead students through some initial steps of a philosophical
analysis of
these issues.
The emphasis remains on encouraging student thinking,
reasoning, and de-
cision making rather than on providing answers or promoting a
specifi c set
of conclusions. To this end, a section on ethical decision
making at the end of
chapter 1 provides one model for decision making that might
prove useful
throughout the remainder of the text.
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xii Preface to the Fifth Edition
ACKNOWLEDGMENTS
As with previous editions, my greatest debt in writing this
book is to those
scholars engaged in the academic research of business ethics. I
tried to acknowl-
edge their work whenever I relied on it in this text, but in case I
have missed
anyone, I hope this general acknowledgment can serve to repay
my debt to
the business ethics community. I also acknowledge three
members of that com-
munity who deserve special mention and thanks. My own work
in business
ethics has, for over 20 years, benefi ted from the friendships of
John McCall, Ron
Duska, and Laura Hartman. They will no doubt fi nd much in
this book that
sounds familiar. Twenty years of friendship and collaboration
tends to blur the
lines of authorship, but it is fair to say that I have learned much
more from John,
Ron, and Laura than they from me.
Previous editions have also benefi ted from the advice of a
number of people
who read and commented on various chapters. In particular, I
would like to
thank Norman Bowie, Ernie Diedrich, Al Gini, Patrick Murphy,
Denis Arnold,
and Christopher Pynes.
I owe sincere thanks to the following teachers and scholars who
were
gracious enough to review previous editions of this book for
McGraw-Hill:
Dr. Edwin A. Coolbaugh—Johnson & Wales University; Jill
Dieterlie—Eastern
Michigan University; Glenn Moots—Northwood University;
Jane Hammang-
Buhl—Marygrove College; Ilona Motsif—Trinity College;
Bonnie Fremgen—
University of Notre Dame; Sheila Bradford—Tulsa Community
College;
Donald Skubik—California Baptist University; Sandra Powell—
Weber
State University; Gerald Williams—Seton Hall University;
Leslie Connell—
University of Central Florida; Brad K. Wilburn—Santa Clara
University;
Carlo Filice—SUNY, Genesco; Brian Barnes—University of
Louisville; Marvin
Brown—University of San Francisco; Patrice DiQuinzio—
Muhlenberg Col-
lege; Julian Friedland—Leeds School of Business, University of
Colorado at
Boulder; Derek S. Jeffreys—The University of Wisconsin,
Green Bay; Albert B.
Maggio Jr.—bicoastal-law.com; Andy Wible—Muskegon
Community College;
Christina L. Stamper—Western Michigan University; Charles R.
Fenner, Jr.—
State University of New York at Canton; Sandra Obilade—
Brescia University;
Lisa Marie Plantamura—Centenary College; James E. Welch—
Kentucky
Wesleyan College; Adis M. Vila—Dickinson College; Chester
Holloman—
Shorter College; Jan Jordan—Paris Junior College; Jon Adam
Matthews—
Central Carolina Community College; Bruce Alan Kibler—
University of
Wisconsin-Superior
The fifth edition benefited from the thorough and thoughtful
reviews
by:
• Carla Johnson, St. Cloud State University
• Martha Helland, University of Sioux Falls
• Jessica MacManus, Notre Dame
• David Levy, State University of New York—Geneseo
• Barbara Barresi, Capital University
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Preface to the Fifth Edition xiii
• Kenneth Ferguson, East Carolina University
• Michael Shaffer, St. Cloud State University
• Wake Maki, University of North Carolina–Greensboro
• Andy Wible, Muskegon Community College
• Richard McGowan, Butler University
Joseph DesJardins
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1
1 C H A P T E R
Why Study Ethics?
L E A R N I N G O B J E C T I V E S
After reading this chapter, you will be able to:
• Identify reasons why the study of ethics is important;
• Explain the nature and meaning of business ethics;
• Explain the difference between ethical values and other
values;
• Clarify the difference between ethics and the law;
• Describe the distinction between ethics and ethos;
• Distinguish between personal morality, virtues, and social
ethics;
• Identify ethical issues within a case description.
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2 Chapter 1
DISCUSSION CASE: The LIBOR Scandal: Is It Ok
If Everyone Does It?
On June 27, 2012, as part of a U.S. Department of Justice
Investigation, Barclays Bank admitted to manipulating and
reporting fraudulent inter-
est rates used in international fi nancial markets. Barclays, a
multinational fi nan-
cial services and banking fi rm headquartered in London, was fi
ned more than
$450 million dollars (U.S.) by both U.K. and U.S. regulators.
Evidence showed
that Barclays had regularly manipulated the LIBOR (London
InterBank Offered
Rate) since at least 2005, in order both to profi t from large
trades and to falsely
portray the bank as fi nancially stronger than it was.
The LIBOR is the rate at which major London banks report that
they are
able to borrow. This rate then serves as the benchmark at which
interest rates
are set for countless other loans, ranging from credit cards to
mortgages and
interbank loans. It also acts as a measure of market confi dence
in the bank; if a
bank must pay a higher rate to borrow than others do, then
markets must have
less confi dence in the institution’s fi nancial strength.
The LIBOR is established in a surprisingly simple manner.
Each morning
at 11 a.m. London time, members of the British Bankers
Association (BBA)
report to the fi nancial reporting fi rm of Thomson Reuters the
rates at which
they would expect to pay for loans from other banks. Discarding
the high-
est and lowest quartiles, Thomson Reuters then calculates a
daily average,
which becomes the daily LIBOR benchmark. Within an hour,
Thomson Re-
uters publicizes this average worldwide, along with all of the
individual
rates reported to them. This benchmark is then used to settle
short-term in-
terest rates as well as futures and options contracts. By one
estimate, the
LIBOR is used to set interest rates for global fi nancial
transactions worth
more than $500 trillion. The individual rates also provide an
indirect mea-
sure of the fi nancial health of each reporting institution—the
lower their
rates, the stronger their fi nancial position.
Evidence shows that as early as 2007, before the major fi
nancial collapse
of Lehman Brothers and the economic meltdown that followed,
regulators in
both the United States and the United Kingdom were aware of
allegations that
Barclays was underreporting their rates. In the early days of the
2008 fi nancial
collapse, the Wall Street Journal published a series of articles
questioning the in-
tegrity of LIBOR reporting and suggested that banks were
intentionally misre-
porting rates to strengthen public perception of their fi nancial
health. Timothy
Geithner, U.S. Secretary of Treasury under President Obama,
acknowledged
that in 2008 when he was chairman of the New York Federal
Reserve Bank, he
recommended that British regulators change the process for
setting the LIBOR.
In testimony to the U.S. Congress in July 2012, Geithner said
“We were aware
[in 2008] of the risks that the way this was designed created not
just the incen-
tive to underreport, but also the opportunity to underreport.”
Internal documents and e-mails showed that traders,
compliance of-
fi cers, and senior management at Barclays were aware of and
approved the
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Why Study Ethics? 3
underreporting. An e-mail sent from a Barclays employee to his
supervisor in
2007 said: “My worry is that we are being seen to be
contributing patently false
rates. We are therefore being dishonest by defi nition and are at
risk of dam-
aging our reputation in the market and with the regulators. Can
we discuss
urgently please?”
Evidence also showed that Barclays employees were in regular
commu-
nication with traders who would explicitly ask that Barclays
report specific
higher or lower rates in order to benefit their trades. For
example, Deriva-
tive traders, who would stand to gain or lose millions of dollars
depend-
ing on the rate, would communicate directly with their Barclays
banking
contacts and request that certain rates be reported. The tone of
their com-
munication demonstrates the familiarity that existed between
these parties:
“Dude. I owe you big time! . . . I’m opening a bottle of
Bollinger,” wrote one
trader to his Barclays contact. “Pls set 3m libor as high as
possible today,”
wrote another. Yet another, “Dude, what’s up with ur guys . .
fix this . . .tell
him to get it up!
Investigations into the LIBOR scandal showed widespread
intentional
fraud among many individual employees and executives at
Barclays. But
from the earliest days of the scandal, allegations were being
made that other
banks were equally involved. While admitting guilt, Barclays
denied that they
were the only bank involved in misreporting data. In a recorded
interview,
one Barclays employee told investigators that “We did stick our
head above
the parapet last year, got it shot off, and put it back down again.
So, to the
extent that, um, the Libors have been understated, are we guilty
of being part
of the pack? You could say we are. . . . Um, so I would, I would
sort of express
us maybe as not clean clean, but clean in principle.” In a
conversation between
a senior executive at Barclays’ and a representative of the
British banking Ad-
ministration, which was reported by the U.S. investigation, the
Barclays em-
ployee defended the bank, saying “We’re clean, but we’re dirty-
clean, rather
than clean-clean.”
The BBA representative responded: “No one’s clean-clean.”
By the end of August 2012, the investigation had spread to
include allega-
tions of fraudulent LIBOR reporting by HSBC and royal bank of
Scotland, the
two other largest banks in the United Kingdom, as well as more
than a dozen
other international banks.
The scandal even spread to the British government. Barclays
CEO Bob
Diamond testifi ed that at the height of the fi nancial collapse in
fall 2008, he
received a call from Paul Tucker, deputy governor of the Bank
of England.
According to Diamond, Tucker called on behalf of “senior
Whitehall” fi gures
and put pressure on Mr. Diamond to lower his reported LIBOR
rates. The al-
legation is that the higher rates would undermine confi dence in
Barclays at a
time that fi nancial markets needed boosting, and it increased
the likelihood
that the British government would need to bail out Barclays as
it already had
done for other failing banks. Mr. Tucker claims that he was
misunderstood
by Mr. Diamond.
des38324_ch01_001-019.indd …
COUPLE PSYCHOANALYTIC
PSYCHOTHERAPY AS THE TREATMENT
OF CHOICE:
Indications, Challenges and Benefits
Berta Aznar-Martínez, PhD, Carles Pérez-Testor, PhD, MD,
Montserat Davins, PhD, and Inés Aramburu, PhD
Universitat Ramon Llull
Including couple treatment in psychoanalysis has required the
setting of new
parameters beyond the classical psychoanalytical setting, in
which the treatment
is individual. This article aims to define the clinical criteria for,
and benefits of,
recommending couple treatment rather than individual
psychoanalysis or psy-
chotherapy, and to identify the challenges and demands that this
has entailed for
psychoanalysis, from the standpoint of the analysis itself and
also that of the
therapeutic relationship. Couple therapy is a very complex
endeavor since a host
of factors must be borne in mind. The present paper discusses
the specific
features of these factors and how they influence the diverse
mechanisms in the
analytical relationship. A clinical vignette is included in order
to demonstrate
the mechanisms that influence therapeutic work in couple
psychoanalytic
treatment.
Keywords: couple psychotherapy, therapeutic relationship,
transference, coun-
tertransference, psychoanalysis, conjoint treatment
In psychoanalysis, couple treatment has required the setting of
new parameters beyond the
classical psychoanalytical setting. Thanks to the contributions
of Dicks (1967), Pichon
Riviere (1971), and Kaës (1976), who might be seen as
representatives of the leading
psychoanalytical schools (English, Argentine, and French,
respectively) in the fields of
This article was published Online First March 23, 2015.
Berta Aznar-Martínez, PhD and Carles Pérez-Testor, PhD, MD,
Facultat de Psicologia,
Ciències de l’Educació i de l’Esport Blanquerna and Institut
Universitari de Salut Mental Vidal i
Barraquer, Universitat Ramon Llull; Montserat Davins, PhD,
Institut Universitari de Salut Mental
Vidal i Barraquer, Universitat Ramon Llull; Inés Aramburu,
PhD, Facultat de Psicologia, Ciències
de l’Educació i l’Esport Blanquerna and Institut Universitari de
Salut Mental Vidal i Barraquer,
Universitat Ramon Llull.
This article is based upon work supported by the agreement
between the Universitat Ramon
Llull and the Departament d’Economia i Coneixement de la
Generalitat de Catalunya.
Correspondence concerning this article should be addressed to
Berta Aznar-Martínez, PhD,
FPCEE Blanquerna. C/Císter 34. 08022. Barcelona, Spain. E-
mail: [email protected]
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Psychoanalytic Psychology © 2015 American Psychological
Association
2016, Vol. 33, No. 1, 1–20 0736-9735/16/$12.00
http://dx.doi.org/10.1037/a0038503
1
mailto:[email protected]
http://dx.doi.org/10.1037/a0038503
couple and family psychotherapy, couple treatment is now an
area of therapeutic action
that has brought new challenges.
Although this type of treatment is widely accepted among
psychoanalysts nowadays,
the need of couple therapy and the factors that make couple
psychotherapy the treatment
of choice rather than individual treatment are issues that are
still under discussion. Zeitner
(2003, p. 349) describes the typical ways in which couple
consultation and therapy are
practiced by psychoanalysts as a “supplemental or even second-
rate treatment which is
palliative, supportive, informative, or preparatory for the real
therapy—psychoanalysis or
psychotherapy,” a view which shows that couple treatment is
not held in high esteem by
some psychoanalysts. However, couple therapy has the potential
to provide valuable
insights concerning individual and shared psychic organization,
and also the dynamic
functioning of marriage (Scharff, 2001).
The purpose of this article, therefore, is to provide further
insight into the clinical
indications for couple psychotherapy, its benefits, and how to
go about this type of
treatment. It also aims to examine the new challenges and
demands that openness to
welcoming couples into therapy has brought for psychoanalysis,
from the standpoints of
the analysis itself and the therapeutic relationship. Couple
therapy has several clinical
characteristics which differentiate it from individual therapy
and these are highlighted in
the paper.
Why Couple Psychoanalytic Psychotherapy?
Couple therapy is an area of psychotherapeutic practice that is
long on history but short
on tradition (Gurman & Fraenkel, 2002). The evolving patterns
in theory and practice in
couple treatment over more than 80 years can be seen as having
four distinct phases: (a)
nontheoretical marriage counseling training (1930 –1963); (b)
psychoanalytic experimen-
tation (1931–1966); (c) incorporation of family therapy (1963–
1985); and (d) refinement,
extension, diversification, and integration (1986 to the present
day) (Gurman & Fraenkel,
2002; Gurman & Snyder, 2011). According to Segalla (2004),
recent cultural shifts have
had a considerable impact on the ways in which psychoanalysis
and psychotherapy are
conducted and couple therapy has much to gain from
postmodern theorizing. Analysts
have mainly applied their methods to the individual rather than
to the troubled dyad
(Zeitner, 2003) even though 50% to 60% of their patients
seeking therapy do so because
of some kind of disorder in their intimate or other significant
relationships (Sager, 1976).
Moreover, as Gurman (2011) notes, partners in troubled
relationships are more likely to
suffer from anxiety, depression, suicidal impulses, substance
abuse, acute and chronic
medical problems, and many other pathologies.
In Segalla’s view (2004), emphasis on intersubjective and
relational perspectives has
had a major influence on the way the treatment process is
conceptualized. The dyad is seen
as an “interactive system” and the couple treatment is based on
awareness of this system
of mutual influence and regulation. Working with couples
affords compelling evidence for
the existence of a “psychology of interaction” and the ways in
which emotional difficulties
are, in part, determined by these factors (Dicks, 1967).
Similarly, de Forster and Spivacow (2006) hold that what
couple treatment adds to the
contribution of the classical Freudian model is the role of “the
intersubjective,” which
varies according to the type of psychic suffering. This
dimension has crucial importance
with regard to much of the distress in a relationship and must
have a place in the design
of therapy. All psychic functioning is constituted by both the
intrasubjective (in that
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2 AZNAR-MARTÍNEZ, PÉREZ-TESTOR, DAVINS, AND
ARAMBURU
the psychic determinants come from the inner world), and the
intersubjective (in that the
psychic determinants include the “other” and the intersubjective
context in which the
subject functions). The latter factors are fundamental in much
of the suffering which
occurs in a couple’s love life and relationship. Hence, in couple
treatment, certain factors
are of particular importance: “the partner, bidireccionality, the
unconscious interconnec-
tions and the interweaving of the phantasies of both partners”
(de Forster & Spivacow,
2006, p. 255). The psychic determinant of the suffering must be
sought in an aspect of the
functioning of the psyche which is not part of the Freudian
psychic apparatus but which
lies, rather, in the link between the members of the couple (the
“intersubjective”). If this
is not taken into account in the choice of a suitable treatment,
the intersubjective
dimension might be neglected in individual work. Since each
partner has become closely
associated with the other’s painful internal objects, conjoint
psychoanalytic couple therapy
has the potential of dealing with deeply ingrained, largely
unconscious constellations that
are usually thought to be treatable only by means of
psychoanalysis or intensive individual
analytic psychotherapy (Scharff, 2001). Nevertheless, it seems
clear that conjoint treat-
ments are vastly superior to individual treatments for couple
distress (Gurman, 1978).
As for the clinical criteria for recommending psychoanalysis or
intensive psychoan-
alytic psychotherapy versus couple treatment, Links and
Stockwell (2002) have described
the clinical indications for couple therapy in the case of
narcissistic personality disorder.
We believe that these criteria can be applied in any case where
couple therapy would seem
to be indicated. First, Links and Stockwell state that the
partners’ capacity for dealing
openly with feelings of anger or rage must be assessed before
deciding on couple
treatment, although these will be worked on during treatment if
one member of the couple
is unable to deal with or express feelings that might be
humiliating or that could prompt
an attack on the other partner. In such cases we believe that
individual treatment should
precede couple therapy. Second, the person’s level of
defensiveness, openness to the need
for a relationship, and ability to have this dependency gratified
should be evaluated as
well. If one of the partners does not want to continue and
improve the relationship the
treatment will not be useful. This is not necessarily the case
when both members of
the couple want to separate or divorce. The important point in
these circumstances is that
the aim of treatment is shared by both parties and this can be
assessed by the therapist
in the preliminary interviews. If, after some sessions, it
becomes clear that the objective
is not shared by both members, the treatment will not be
fruitful. Assessment of
vulnerability is important. Some people feel that having their
partners listening to
interpretations could be belittling and humiliating and couple
therapy could then be
counterproductive. Third, the complementarity of the couple
must be analyzed, together
with the roles each one plays in the couple. If this
complementarity exists, the couple can
often make progress. In other words, when the therapist can
show the couple that they are
both participating in the dynamics of their relationship and that,
whether they like it or not,
each of them is (or has been) benefitting from the relationship,
the treatment can be
helpful. If both partners can see that each of them has
personality aspects that benefit the
other, they will be better able to understand their situation (as
will be explained in more
detail below). If a couple fulfils these three criteria, they can
probably work together and
establish, or reestablish, a stable marriage with a significant
degree of complementarity
based on more positive symmetrical patterns.
Lemaire (1977) lists some conditions indicating couple
treatment, namely: (a) that
both members agree to having therapy, although as we shall see
below, this rarely
happens; (b) that they can distinguish between improved
communication and continuing
to stay together (when couples come to therapy they frequently
have communication
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3COUPLE PSYCHOANALYTIC PSYCHOTHERAPY
problems and improving communication is one of the first goals
of the treatment in order
to be able to explore other issues later on (phantasies, families
of origin . . .)); and (c) that
the therapist can intervene freely (more or less) without feeling
bothered by the contra-
dictions of the other two conditions. In this same vein, Bueno
Belloch (1994) and Castellví
(1994) emphasize that limits to couple treatment appear when:
(a) when one of the
partners is forced by the other to come to the therapy and there
is no change after some
sessions; (b) when it is feared that the new understanding that
each person acquires in
therapy can be used pathologically; (c) when both partners form
an alliance against the
therapist and frustrate all his or her efforts to bring about
change; and (d) when it becomes
necessary to suggest individual therapy for one of the partners
because the conflict cannot
be addressed in conjoint treatment.
According to de Forster and Spivacow (2006), another reason
for opting for couple
treatment is that our discipline must take a flexible approach,
catering to the needs of men
and women of our time, and to what society demands. Reforms
in divorce law, more
liberal attitudes about sexual expression, increased availability
of contraception, and the
greater economic and political power of women have all raised
the expectations of
committed relationships so that their requirements now go well
beyond economic viability
and assuring procreation (Gurman, 2011). Likewise, Segalla
(2004), drawing on her own
clinical practice and that of other psychoanalysts, states that the
demand for couple
therapy is now considerably greater, and this seems to suggest a
cultural shift in which
efforts are being made to save marriages rather than simply to
divorce. Moreover, there
are signs that would seem to support the clinical contention that
relationships in later life
can influence patterns of attachment established during
childhood (Clulow, 2003). Mar-
riage can therefore be a potentially therapeutic institution, a
unique opportunity for
reworking unresolved problems from the past, which can be
aided by a skilled therapist
(Gurman, 1992). In this case, the analyst needs to take into
account a number of factors
which will be described below.
Psychopathology of the Couple Relationship
According to Balint (Family Discussion Bureau, 1962), the
inner life of the dyad consists
of one partner’s desires, hopes, disillusions, and fears
interacting with similar aspects of
the other partner’s internal world. Theories on conjugal life are
based on this interaction.
There is progress and regression in the relationship of a couple,
and this is described by
Dicks (1967) and further detailed by Willi (1978) and, later in
Spain, by Font (1994). The
members of a couple strive to gratify needs and desires which
date from very early stages
in their lives, and they may attain this gratification when their
regressive or progressive
desires are accepted by their partner. Need for support,
tenderness, affection, or devotion
can be requested and fulfilled within the couple relationship
(Font & Pérez Testor, 2006).
Ruszczynski and Fisher (1995) have meticulously described the
role of projective
identification in psychoanalytic psychotherapy with couples. As
is well known, projective
identification entails the capacity to induce the other to feel
what is being projected, and
it has a central role in the psychoanalytic understanding of the
couple. Phenomena like
projection, introjection, and retroprojection (the projection into
the partner of what the
other partner has introjected from a previous projection of his
or her partner) exist in all
couples and are fed and interact constantly in a back-and-forth
interplay of projections.
We believe Hoffman’s conceptualization (1983) is useful for
understanding this
phenomenon as it divides it into three unconsciously acted out
parts:
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4 AZNAR-MARTÍNEZ, PÉREZ-TESTOR, DAVINS, AND
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1. Each member of the couple chooses what to see from all the
characteristics of the
other; one’s partner offers a host of signals, including the
characteristics the
other chooses and is most likely to perceive. Other features,
however, seem to be
blurred or hidden by the partner.
2. Once the partner’s characteristics have been chosen, they
seem to confirm each
member’s own internal vision of the world and expectations;
this suggests that
each partner tends to interpret the chosen characteristics in
accordance with old
family relationships. Each member of the couple chooses real
facts from their
partner, but then constructs a history of those facts based on his
or her own
previous relationships.
3. Each partner unconsciously influences the other in order to
test what they already
know or believe; this unconscious communication appears in the
couple through
the mechanism of interpersonal projective identification
(Ruszczynski, 1992).
Eventually, the intensity and repetition of problematic
interactions begins to
dominate the couple-experience, and this tends to polarize the
members (Gold-
klank, 2009). If this happens, the couple may seek counseling
and, indeed, this
is the kind of couple we tend to find in clinical practice.
Along similar lines, Shimmerlik (2008) notes that the patterns
of couple relationships
are formed in the enactive domain through a nonconscious
implicit process of commu-
nication, part of which is stored in the implicit domain and
remains embedded and enacted
in one’s most intimate relationship, and can therefore only be
accessed within the context
of this relationship.
Another way of conceptualizing these processes happening
unconsciously between
partners, and which we believe is useful in diagnosis and hence
in subsequent treatment,
is based on Dicks’ (1967) concept of collusion within couples.
By collusion (which
derives from coludere or interplay between two people) we
mean the unconscious
agreement that forges a complementary relationship in which
each party develops parts of
themselves that the other needs, and gives up other parts of
themselves which they project
onto their partner (Dicks, 1967; Font & Pérez Testor, 2006;
Willi, 1978). Other prominent
authors have similarly conceptualized this unconscious
interplay between the members of
a couple as an unconscious base (Puget & Berenstein, 1988),
dominant internal object
(Teruel, 1974) and conjugality (Nicolò, 1995).
The concept of collusion starts with the idea that couples are
formed on the basis of
personal styles that are complemented with flows and reflows,
or with projection, intro-
jection, and retroprojection. These kinds of bonds arise within
all couples, albeit differ-
ently in each couple, and they can be grouped into clusters
based on admiration, care, or
dependency. Although certain levels of admiration, care, or
dependency are needed in all
couples, it is important for the health of the couple that they
occur alternately and not
rigidly. All couples have bonding styles in which certain
characteristic features predom-
inate, but pathology appears when the bonding style becomes
rigid (Pérez Testor & Pérez
Testor, 2006). One example of this was a couple treated in our
center. The woman had
always spent much of her time caring for her husband, and the
husband let himself be
cared for, which allowed both partners to meet their primary
needs (caregiver-care
receiver). Then the woman was diagnosed with breast cancer
and they had to change roles,
but neither member was able to take on the opposite role and
pathology appeared. The
couple came to us seeking help mainly because of this inability
to change roles. Accord-
ingly, we believe that collusion becomes pathological when the
roles of each partner
become so rigid that it is difficult to exchange them. In keeping
with this idea, Fisher and
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5COUPLE PSYCHOANALYTIC PSYCHOTHERAPY
Crandell (2001), referring to the attachment theory, state that
the hallmark of secure
attachment is the ability of each partner to change their
positions of depending and being
depended on by one another in a flexible and appropriate
manner.
Psychoanalytical Treatment of the Couple
As we have noted, during the 20th century many
psychoanalytical therapists came to
accept the usefulness of welcoming couples and families into
their practice, in contrast
with the classical tendency of working only with individual
patients (talking cure). This
new framework has given rise to many questions and studies on
the techniques adopted
by the therapist, sometimes leading to reconsideration of the
classical boundaries of the
psychoanalytical setting. The scope of couple therapy has
evolved substantially in psy-
choanalysis, and the object relations orientation has made a
major contribution to the field
by giving couple therapists insights into the defensive,
communicative, and structure-
building functions of unconscious processes, resistance, and
work on transference
(Sander, 2004; Scharff & Scharff, 1991; Sharpe, 2000; Slipp,
1988). As mentioned before,
the role of “the intersubjective” is crucially important with
regard to much of the suffering
in a couple’s relationship and thus should have a place in the
design of therapy. When
including this dimension, the couple’s analyst needs to bear in
mind some important
aspects that will eventually appear during the treatment.
In couple therapy, we often find that what initially attracted
each partner to the other
lies at the heart of their complaints (Felmlee, 2001; White &
Hatcher, 1984). Now,
collusively, they choose those aspects of their partner that
confirm their worst fears about
themselves and their partner. Mutual needs, often on an archaic
level, are stimulated in
couple relationships. Frustration and disappointment of these
developmental needs often
lead to marital conflict. In many couples, difficulties can be
understood as mutual attempts
to rectify the deficits of their injured selves (Livingstone,
1995). According to Kaës
(1976), one great benefit of couple therapy is that it may hold
out a chance to reelaborate
the unconscious alliances, pacts, and contracts that come from
intergenerational and
transgenerational psychological transmissions and that have
remained embedded in the
couple. In the clinical setting, the roles and rules adopted by
couples often appear as
stemming from intergenerationally transmitted anxieties about
unresolved dilemmas in
both members’ birth families. In this sense, Robert (2006)
defines the couple as the place
where a person once again acts out and sometimes attempts to
retain his or her infantile
side, regardless of the cost. Helping both members of the couple
to recognize that their
fears are fundamentally similar is crucial in overcoming
disillusionment and polarization,
and enables them to integrate solutions that they initially view
as inimical (Goldklank,
2009). When both members of the couple accept responsibility
for their own personal
contributions, blame and shame are somehow alleviated and the
quality of their relation-
ship is enhanced (Scharff & Scharff, 2004).
In psychoanalytic couple therapy, as we view it, the therapist
plays an active role in
which interpretative capacity is his or her main instrument.
Stressing psychoanalytic
techniques to maintain a state of harmony, providing a secure
base, recognizing nonverbal
signals of unconscious associations, and processing emotionally
laden interactions are all
important when working with couples (Scharff & Scharff,
2004). In Teruel’s opinion
(1970), the destructive force of a couple can be managed by
means of proper interpreta-
tions and the gradual acquisition of insight through introjection
or internalization of what
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6 AZNAR-MARTÍNEZ, PÉREZ-TESTOR, DAVINS, AND
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the therapist does and represents for the couple in terms of his
or her interaction in their
marriage.
No doubt, the main difficulty in couple therapy lies herein: how
to interpret. Like
Lemaire (1980) and Castellví (1994), we would say that the
interpretative focal point is
the couple, not one member or the other but both of them
together, their relationship, and
their collusion, which is in keeping with the intersubjective
dimension of couple treat-
ment. If we avoid the risk noted by Teruel (1970) and which
Thomas (cited in Pérez Testor
& Pérez Testor, 2006) summarizes as “individual interpretation
in public,” and focus
instead on interpreting their collusion, we may be able to help
both partners gain
awareness of the functioning of their unconscious, which has
led them to act out their
conflicts. When interpreting from an interpersonal perspective,
the couple therapist affirms
that each member of the couple is complaining about something
that truly exists, but to
which they both somehow contribute (Goldklank, 2009).
The mobilization of each partner’s unconscious defenses is
coordinated and takes on
the guise of resistance emerging spontaneously in the session.
Generally speaking,
progress is slowly made with the therapist’s interventions, in
which analysis of the
defenses and anxieties of one partner is often used to analyze
the other’s defenses and
anxieties in a pattern that is usually back-and-forth. The
therapist tries to interpret the
collusion by showing the defenses and anxieties which have led
the couple to form this
specific kind of internal dominant object (Teruel, 1974).
The work of acute understanding and integration of
interpretations is performed in the
same way as in psychoanalysis or psychoanalytic
psychotherapies. However, perhaps
acute understanding of one of the partners is quicker and more
precise than with the other.
It is then wiser to adopt the pace of the slower one since a
greater capacity for insight in
one member of the couple can become a weapon used against
the other if the therapist’s
interventions do not set limits. In other words, it is important to
adjust the pace of the
treatment’s progress to the slower or more fragile of the two
partners.
The therapist must be aware of the nature of this movement,
bear it in mind, and only
use interpretation when it can be addressed to both partners, in
accordance with the
intersubjective dimension that shapes the design of couple
treatment. The responses to the
therapist’s interventions may come from either partner and they
often react, each one
offering rich associative material.
The theoretical underpinnings and intentionality of the
interpretations correspond
equally to both transferential and extratransferential types. Both
entail an effort to show
the couple what they do not know about themselves, to reveal
those parts of their inner
world that are repressed or disassociated so that they can
recover them and reintegrate
them into their psychological system as a whole. There are no
totally and exclusively new
experiences solely determined by external conditions. Rather,
all of them are filtered to a
greater or lesser degree through the primitive internal object
relations that survive in
the unconsciousness of the person’s entire life. In couple
therapy, the goal is to
interpret the “here and now” of what happens in the session.
Extratransferential
interpretations are more frequent. They are expressed and
revealed in the couple’s daily
lives and permeate any event and relationship outside the
session. Technically speaking,
the best course of action after every extratransferential
interpretation is for the therapist to
try to identify and interpret the unconscious motives and
fantasies which have led the
couple to bring certain facts and situations to the session and,
on the basis of this, proceed
to the transferential interpretation itself (Pérez Testor & Pérez
Testor, 2006). Nevertheless,
it is difficult for all of these internal conflicts to be expressed
in transference at any one
point. Whatever the characteristic features and technique of
each therapist, in the thera-
T
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it
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7COUPLE PSYCHOANALYTIC PSYCHOTHERAPY
peutic function the couple relives the fundamental structure of
internally shared object
relations. Yet other nuances and particularities of these
relations will never be manifested.
They require …
PHIL-200
Business Ethics
Maryanne Cliche
[email protected]
PLAN FOR TODAY
• 1. INTRODUCTION
• 2. RECAP
• 3. MORAL RIGHTS IN THE WORKPLACE
• 4. HOMEWORK
MORAL RIGHTS IN
THE WORKPLACE
MORAL RIGHTS IN THE WORKPLACE
Work is one of the most important and highly valued human
activities
because it is instrumental to so many other important human
goods.
Work is inevitable for most people, but work is also something
that is
controlled by other people – direct manager, CEO, board of
directors, etc.
Therefore, work is related to some rights that protect the
interests of
employees and impose duties on the people who control their
working
lives.
MORAL RIGHTS IN THE WORKPLACE
1. Legal Rights
2. Contractual Rights
3. Moral Rights
MORAL RIGHTS IN THE WORKPLACE
1. Legal Rights
Are granted to employees on the basis of legislation or judicial
rulings;
• Minimum wage
• To equal opportunity
• To bargain collectively as part of a union
MORAL RIGHTS IN THE WORKPLACE
2. Contractual Rights
Are referring to those goods that employees are entitled to on
the basis of contractual agreements with employers;
• Health care package
• Paid holidays
• Pension Funds
MORAL RIGHTS IN THE WORKPLACE
3. Moral Rights
Are referring to those entitlements to which employees have a
claim independent of any particular legal or contractual factors;
• Respect as human beings
MORAL RIGHTS IN THE WORKPLACE
3. Moral Rights
‘’Those general moral entitlements that employees have to
certain goods ( or protection from certain harms) within the
workplace.’’
In other words, they establish the basic moral framework for
employer-employee relationships.
Source, Textbook, p.123
- Food for thoughts –
Does your employer have the right to read the e-mails on your
work account?
Should employer be allowed to monitor your web browsing
history?
Does your employer have the right to read your text messages
on your work-
provided phone?
Can you be fired because your boss read a comment you made
about your
employer on FB?
If you worked in HR would you visit the FB page of a potential
employee and use
the information to support your hiring decision?
Would you Google potential employees?
MORAL RIGHTS IN
THE WORKPLACE
MORAL RIGHTS IN THE WORKPLACE
1. The Right to Work
Because work is necessary to secure central primary goods the
right to work - or the right to a job- is considered by many as a
moral right.
This right also implies that once hired, employees have a right
to
keep their job and can be fired only for good reasons.
MORAL RIGHTS IN THE WORKPLACE
Article 23.
(1) Everyone has the right to work, to free choice of
employment, to just and favourable conditions of work and
to protection against unemployment.
Source: UN Declaration of Human Rights
MORAL RIGHTS IN THE WORKPLACE
2. Due Process in the Workplace
From a legal principle, due process defines the
limitations that offer protection against arbitrary uses
of authority.
i.e. The right to trial, the right to legal representation
and so forth.
MORAL RIGHTS IN THE WORKPLACE
2. Due Process in the Workplace
From a philosophical perspective, due process means
that even legitimate authority cannot be used in just any
manner.
i.e. Courts cannot make a decision just by flipping a coin,
the police cannot obtain confessions by using coercion
or torture.
MORAL RIGHTS IN THE WORKPLACE
2. Due Process in the Workplace
Due process right establishes the process that an
employer must go through to ensure his decisions are
not arbitrary.
i.e. Employees can be dismissed for good cause, but
they cannot be dismissed for no cause.
MORAL RIGHTS IN THE WORKPLACE
2. Due Process in the Workplace
The process
A prior
warning Documentation
Written
Performance
Standards
Probationary
Periods
MORAL RIGHTS IN THE WORKPLACE
2. Due Process in the Workplace
The process
Punishment
proportionate to
the infraction
Possibility to
respond
Possibility to
appeal
MORAL RIGHTS IN THE WORKPLACE
3. Participation Rights
In society in which individuals are respected as
autonomous and free decision makers, authority is
justified by the consent of the governed.
MORAL RIGHTS IN THE WORKPLACE
3. Participation Rights
Employees should have the right to co-determine any
policy that has a significant impact on their work lives.
MORAL RIGHTS IN THE WORKPLACE
3. Participation Rights
Can benefit the business and the employees because
they may bring;
1 -- A sense of Self-respect and Self-worth
2 -- Meaning and Value into work life
Which may reduce mental health, alienation and burn-
out associated with workplace condition.
MORAL RIGHTS IN THE WORKPLACE
4. Employee Health and Safety
‘’Organized efforts and procedures for identifying workplace
hazards and reducing accidents and exposure to harmful
situations and substances.’’
Source: Business Dictionary
MORAL RIGHTS IN THE WORKPLACE
4. Employee Health and Safety
It also includes;
1. Training of personnel in accident prevention
2. Accident response
3. Emergency preparedness
4. Use of protective clothing and equipment.
MORAL RIGHTS IN THE WORKPLACE
4. Employee Health and Safety
There should NOT BE ANY trade-offs between
H&S standards AND job security or wages
The risks associated with the workplace, need to be reduced to
the lowest level and employees need to be fully aware of these
risks.
MORAL RIGHTS IN THE WORKPLACE
5. Privacy in the Workplace
People expect to have some privacy at work, even if
they are on their employer's premises and using the
employer's equipment.
At the same time, it's normal that working for someone
will mean giving up some privacy.
Source: Office of the Privacy Commissioner of Canada
MORAL RIGHTS IN THE WORKPLACE
5. Privacy in the Workplace
But the possibilities for infringing on privacy are greater
than ever before;
Psychological tests, web-browsing records, video
surveillance, keystroke monitoring, genetic testing.
Source: Office of the Privacy Commissioner of Canada
MORAL RIGHTS IN THE WORKPLACE
5. Privacy in the Workplace
Employee privacy is violated when
1- Employers infringe on personal decisions that are
irrelevant to the employment contract
MORAL RIGHTS IN THE WORKPLACE
5. Privacy in the Workplace
Employee privacy is violated when
2- When personal information that is irrelevant to
the employment contract is collected, stored or used
without the prior consent of the employees.
MORAL RIGHTS IN THE WORKPLACE
1. The Right to Work
2. Due Process in the Workplace
3. Participation Rights
4. Employee Health and Safety
5. Privacy in the Workplace
CONCLUSION
• Many laws and legislation cover rights in the workplace
(federal and
provincial laws, contractual agreement)
• But moral rights are beyond the laws and legislation and refer
to those
entitlements to which employees have a claim in regards to their
self-
respect and protection as human beings
• They establish the basic moral framework for employer-
employee
relationships
- Food for thoughts –
Does your employer have the right to read the e-mails on your
work account?
Should employer be allowed to monitor your web browsing
history?
Does your employer have the right to read your text messages
on your work-
provided phone?
Can you be fired because your boss read a comment you made
about your
employer on FB?
If you worked in HR would you visit the FB page of a potential
employee and use
the information to support your hiring decision?
Would you Google potential employees?
THINK- PAIR-
SHARE
HOMEWORK
REVIEW ALL THE
RESOURCES ON C4
READ
CHAPTER 6
OF YOUR
TEXTBOOK
A) DEFINE MORAL RIGHTS
B) NAME AND EXPLAIN 2 MORAL RIGHTS IN THE
WORKPLACE
C) Does your employer have the right to read
your text messages on your work-provided
phone? Use concepts presented in class and
in your textbook to support your answer.

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Since its inception, An Introduction to Business Ethics by Jos.docx

  • 1. Since its inception, An Introduction to Business Ethics by Joseph DesJardins has been a cuting- edge resource for the business ethics course. DesJardins’ unique multidisciplinary approach offers critical analysis and integrates the perspective of philosophy with management, law, economics, and public policy, providing a clear, concise, yet reasonably comprehensive introductory survey of the ethical choices available to us in business. Highlights of the Fifh Edition: • NEW! Discussion cases throughout focused on Goldman Sachs, the LIBOR banking scandal, Patagonia, and Chick-fil-A and same-sex marriage. Additional revised and updated cases include discussions on Walmart and bribery in Mexico, Apple and Foxconn in China, executive compensation, conflicts of interest at Goldman Sachs, and employee privacy. • A revised discussion of ethical theory which de- emphasizes philosophical jargon, introduces ethics as involving frameworks and paterns of reasoning rather than as abstract “theories,” and expands discussion of ethical principles, rights, and duties. What Instructors are Saying about An Introduction to Business
  • 2. Ethics: “A great book, thorough and accessible.”– Jessica McManus, Notre Dame University “Provides all the major areas in Business Ethics . . . It is clear, challenging, and comprehensive.” – Andy Wible, Meskegon Community College Visit www.mhhe.com/desjardins5e for a wealth of student and instructor resources! Fifth Edition An Introduction to Business Ethics D esJardins Fi f th Ed it ion An Introduction to Joseph DesJardins Business Ethics M D D A L IM 1222303 01/05/13 C
  • 3. Y A N M A G Y E L O B L A C K TM A N I N T R O D U C T I O N T O B U S I N E S S E T H I C S F i f t h E d i t i o n J o s e p h D e s J a r d i n s C o l l e g e o f S t . B e n e d i c t / S t . J o h n ’ s U n i v e
  • 4. r s i t y des38324_fm_i-xiv.indd ides38324_fm_i-xiv.indd i 1/17/13 4:21 PM1/17/13 4:21 PM TM AN INTRODUCTION TO BUSINESS ETHICS, FIFTH EDITION Published by McGraw-Hill/Irwin, a business unit of The McGraw-Hill Companies, Inc., 1221 Avenue of the Americas, New York, NY, 10020. Copyright © 2014 by The McGraw-Hill Compa- nies, Inc. All rights reserved. Printed in the United States of America. Previous editions © 2011, 2009 and 2006. No part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without the prior written consent of The McGraw-Hill Companies, Inc., including, but not limited to, in any network or other electronic storage or transmission, or broadcast for distance learning. Some ancillaries, including electronic and print components, may not be available to customers outside the United States. This book is printed on acid-free paper. 1 2 3 4 5 6 7 8 9 0 DOC/DOC 1 0 9 8 7 6 5 4 3 ISBN 978-0-07-803832-7 MHID 0-07-803832-4
  • 5. Senior Vice President, Products & Markets: Kurt L. Strand Vice President, General Manager, Products & Markets: Michael Ryan Vice President, Content Production & Technology Services: Kimberly Meriwether David Managing Director: William Glass Executive Director of Development: Lisa Pinto Brand Manager : Laura Wilk Managing Development Editor: Sara Jaeger Marketing Specialist: Alexandra Schultz Editorial Coordinator: Adina Lonn Director, Content Production: Terri Schiesl Project Manager: Erin Melloy Buyer: Jennifer Pickel Cover Designer: Studio Montage, St. Louis, MO Cover Image: Getty Images/Digital Vision/RF Media Project Manager: Sridevi Palani Typeface: 10/12 Palatino Compositor: MPS Limited Printer: R.R. Donnlley All credits appearing on page or at the end of the book are considered to be an extension of the copyright page. Library of Congress Cataloging-in-Publication Data DesJardins, Joseph R. An introduction to business ethics/Joseph DesJardins.—Fifth edition. pages cm ISBN 978-0-07-803832-7 (alk. paper) 1. Business ethics. I. Title. HF5387.D392 2014 174’.4—dc23 2012048757
  • 6. www.mhhe.com des38324_fm_i-xiv.indd iides38324_fm_i-xiv.indd ii 1/17/13 4:21 PM1/17/13 4:21 PM iii About the Author Joe DesJardins is Vice Provost, as well as Professor in the Department of Phi-losophy, at the College of St. Benedict and St. John’s University in Minnesota. His other books include Business Ethics: Decision Making for Personal Integrity and Social Responsibility (with Laura Hartman and Chris MacDonald); Environ- mental Ethics: An Introduction to Environmental Philosophy; Environmental Ethics: Concepts, Policy, and Theory; Contemporary Issues in Business Ethics (co-editor with John McCall); and Business, Ethics, and the Environment. He is the former Execu- tive Director of the Society for Business Ethics and has published and lectured extensively in the areas of business ethics, environmental ethics, and sustain- ability. He received his B.A. from Southern Connecticut State University and his M.A. and Ph.D. from the University of Notre Dame. He previously taught at Villanova University. des38324_fm_i-xiv.indd iiides38324_fm_i-xiv.indd iii
  • 7. 1/17/13 4:21 PM1/17/13 4:21 PM To Linda des38324_fm_i-xiv.indd ivdes38324_fm_i-xiv.indd iv 1/17/13 4:21 PM1/17/13 4:21 PM v Contents Preface x Chapter One: Why Study Ethics? 1 Learning Objectives 1 Discussion Case: The LIBOR Scandal: Is It Ok If Everyone Does It? 2 Discussion Questions 4 1.1 Why Study Business Ethics? 4 1.2 Values and Ethics: Doing Good and Doing Well 6 1.3 The Nature and Goals of Business Ethics 10 1.4 Business Ethics and the Law 12 1.5 Ethics and Ethos 13 1.6 Morality, Virtues, and Social Ethics 15 1.7 Ethical Perspectives: Managers and Other Stakeholders 16 1.8 A Model for Ethical Decision Making 17 Refl ections on the Chapter Discussion Case 18 Chapter Review Questions 19 Chapter Two: Ethical Theory and Business 20
  • 8. Learning Objectives 20 Discussion Case: AIG Bonuses and Executive Salary Caps 21 Discussion Questions 22 2.1 Introduction 23 2.2 Ethical Relativism and Reasoning in Ethics 25 2.3 Modern Ethical Theory: Utilitarian Ethics 29 2.4 Challenges to Utilitarianism 33 2.5 Utilitarianism and Business Policy 35 2.6 Principle-Based Ethics 37 2.7 Virtue Ethics 41 2.8 Summary and Review 44 Refl ections on the Chapter Discussion Case 45 Chapter Review Questions 46 des38324_fm_i-xiv.indd vdes38324_fm_i-xiv.indd v 1/17/13 4:21 PM1/17/13 4:21 PM vi Contents Chapter Three: Corporate Social Responsibility 48 Learning Objectives 48 Discussion Case: Walmart 49 Discussion Questions 52 3.1 Introduction 53 3.2 The Economic Model of Corporate Social Responsibility 53 3.3 Critical Assessment of the Economic Model: The Utilitarian Defense 56 3.4 Critical Assessment of the Economic Model: The Private Property Defense 61 3.5 The Philanthropic Model of Corporate Social Responsibility 64
  • 9. 3.6 Modifi ed Version of the Economic Model: The Moral Minimum 65 3.7 The Stakeholder Model of Corporate Social Responsibility 67 3.8 Strategic Model of Corporate Social Responsibility: Sustainability 71 3.9 Summary and Review 74 Refl ections on the Chapter Discussion Case 75 Chapter Review Questions 76 Chapter Four: Corporate Culture, Governance, and Ethical Leadership 79 Learning Objectives 79 Discussion Case: Goldman Sachs’s “Toxic Culture” 80 Discussion Questions 81 4.1 Introduction 81 4.2 What is Corporate Culture? 82 4.3 Culture and Ethics 83 4.4 Ethical Leadership and Corporate Culture 86 4.5 Effective Leadership and Ethical Leadership 87 4.6 Building a Values-Based Corporate Culture 89 4.7 Mandating and Enforcing Ethical Culture: The Federal Sentencing Guidelines 92 Refl ections on the Chapter Discussion Case 94 Chapter Review Questions 94 Chapter Five: The Meaning and Value of Work 97 Learning Objectives 97 Discussion Case: Social Enterprises and Social Entrepreneurs 98 Discussion Questions 100 5.1 Introduction 101
  • 10. 5.2 The Meanings of Work 102 5.3 The Value of Work 104 5.4 Conventional Views of Work 107 5.5 The Human Fulfi llment Model 109 des38324_fm_i-xiv.indd vides38324_fm_i-xiv.indd vi 1/17/13 4:21 PM1/17/13 4:21 PM Contents vii 5.6 The Liberal Model of Work 112 5.7 Business’s Responsibility for Meaningful Work 114 Refl ections on the Chapter Discussion Case 116 Chapter Review Questions 117 Chapter Six: Moral Rights in the Workplace 119 Learning Objectives 119 Discussion Case: Electronic Privacy at Work 120 Discussion Questions 121 6.1 Introduction: Employee Rights 122 6.2 The Right to Work 123 6.3 Employment at Will 127 6.4 Due Process in the Workplace 129 6.5 Participation Rights 132 6.6 Employee Health and Safety 134 6.7 Privacy in the Workplace 139 Refl ections on the Chapter Discussion Case 143 Chapter Review Questions 143 Chapter Seven: Employee Responsibilities 145 Learning Objectives 145 Discussion Case: Confl icts of Interests in Subprime Mortgages
  • 11. and at Goldman Sachs and Enron 146 Discussion Questions 151 7.1 Introduction 151 7.2 The Narrow View of Employee Responsibilities: Employees as Agents 152 7.3 Professional Ethics and the Gatekeeper Function 157 7.4 Managerial Responsibility and Confl icts of Interest 160 7.5 Trust and Loyalty in the Workplace 163 7.6 Responsibilities to Third Parties: Honesty, Whistle-Blowing, and Insider Trading 165 Refl ections on the Chapter Discussion Case 171 Chapter Review Questions 172 Chapter Eight: Marketing Ethics: Product Safety and Pricing 174 Learning Objectives 174 Discussion Case: Life-Cycle Responsibility for Products 175 Discussion Questions 177 8.1 Introduction: Marketing and Ethics 177 8.2 Ethical Issues in Marketing: An Overview 178 8.3 Ethical Responsibility for Products: From Caveat Emptor to Negligence 181 des38324_fm_i-xiv.indd viides38324_fm_i-xiv.indd vii 1/17/13 4:21 PM1/17/13 4:21 PM viii Contents 8.4 Strict Product Liability 185
  • 12. 8.5 Ethics and Pricing 187 Refl ections on the Chapter Discussion Case 191 Chapter Review Questions 192 Chapter Nine: Marketing Ethics: Advertising and Target Marketing 194 Learning Objectives 194 Discussion Case: Predatory Lending: Subprime Mortgages and Credit Cards 195 Discussion Questions 196 9.1 Introduction: Ethics of Sales, Advertising, and Product Placement 197 9.2 Regulating Deceptive and Unfair Sales and Advertising 200 9.3 Marketing Ethics and Consumer Autonomy 203 9.4 Targeting the Vulnerable: Marketing and Sales 208 Refl ections on the Chapter Discussion Case 212 Chapter Review Questions 214 Chapter Ten: Business’s Environmental Responsibilities 216 Learning Objectives 216 Discussion Case: Sustainable Business 217 Discussion Questions 219 10.1 Corporate Social Responsibility and the Environment 219 10.2 Business’s Responsibility as Environmental Regulation 221 10.3 Business Ethics and Sustainable Economics 223 10.4 Business Ethics in the Age of Sustainable Development 227 10.5 The “Business Case” for Sustainability 230 Refl ections on the Chapter Discussion Case 232 Chapter Review Questions 233 Chapter Eleven: Diversity and Discrimination 234
  • 13. Learning Objectives 234 Discussion Case: Chick-fi l-A and Same-Sex Marriage 235 Discussion Questions 236 11.1 Introduction: Diversity and Equality 237 11.2 Discrimination, Equal Opportunity, and Affi rmative Action 238 11.3 Preferential Treatment in Employment 243 11.4 Arguments Against Preferential Hiring 247 11.5 Arguments in Support of Preferential Hiring 250 11.6 Sexual Harassment in the Workplace 253 Refl ections on the Chapter Discussion Case 258 Chapter Review Questions 259 des38324_fm_i-xiv.indd viiides38324_fm_i-xiv.indd viii 1/17/13 4:21 PM1/17/13 4:21 PM Contents ix Chapter Twelve: International Business and Globalization 261 Learning Objectives 261 Discussion Case: Business in a Global Setting 262 Discussion Questions 263 12.1 Introduction 264 12.2 Ethical Relativism and Cross-Cultural Values 265 12.3 Cross-Cultural Values and International Rights 267 12.4 Globalization and International Business 269 12.5 Globalization and the Poor 271 12.6 “Race to the Bottom” 273 12.7 Democracy, Cultural Integrity, and Human Rights 275 Refl ections on the Chapter Discussion Case 278 Chapter Review Questions 279
  • 14. Photo Credits 281 Index 283 des38324_fm_i-xiv.indd ixdes38324_fm_i-xiv.indd ix 1/17/13 4:21 PM1/17/13 4:21 PM x Preface to the Fifth Edition My overarching goal in the fi fth edition of this text remains what it was for the fi rst edition: “to provide a clear, concise, and reasonably comprehensive introductory survey of the ethical choices available to us in business.” This book arose from the challenges encountered in my own teaching of business ethics. Over the years I have taught business ethics in many settings and with many formats. I sometimes relied on an anthology of readings, other times I emphasized case studies. I taught business ethics as a lecture course and in a small seminar. Most recently, I taught business ethics exclusively to under- graduates in a liberal arts setting. It is diffi cult to imagine another discipline that is as multidisciplinary, taught in as many formats and as many contexts, by faculty with as many different backgrounds and with as many different aims, as business ethics.
  • 15. Yet, although the students, format, pedagogy, and teaching goals change, the basic philosophical and conceptual structure for the fi eld remains relatively stable. There are a range of stakeholders with whom business interacts: em- ployees, customers, suppliers, governments, society. Each of these relationships creates ethical responsibilities, and every adult unavoidably will interact with business in several of these roles. A course in business ethics, therefore, should ask students to examine this range of responsibilities from the perspective of employee, customer, and citizen as well as from the perspective of business manager or executive. Students should consider such issues in terms of both the type of lives they themselves wish to lead and the type of public policy for governing business they are willing to support. My hope was that this book could provide a basic framework for examin- ing the range of ethical issues that arise in a business context. With this basic framework provided, individual instructors would then be free to develop their courses in various ways. I have been grateful to learn that this book is being used in a wide variety of settings. Many people have chosen to use it as a supplement to the instructor’s own lectures, an anthologized collection of readings, a series of case studies, or some combination of all
  • 16. three. Others have chosen to use this text to cover the ethics component of another course in such business-related disciplines as management, marketing, account- ing, human resources. The book also has been used to provide coverage of des38324_fm_i-xiv.indd xdes38324_fm_i-xiv.indd x 1/17/13 4:21 PM1/17/13 4:21 PM Preface to the Fifth Edition xi business-related topics in more general courses in applied or professional eth- ics. I take this variety of uses as evidence that the fi rst edition was reasonably successful in achieving its goals. NEW TO THE FIFTH EDITION The primary goal of this new edition is to update cases with more contempo- rary examples and to continue to revise the text for the sake of clarity and ac- cessibility for students. To those ends, readers will note the following major changes for the fi fth edition: • Every chapter begins with a new, or revised and updated, discussion case. Highlights include new cases on Goldman Sachs, the LIBOR banking scandal, Patagonia, and Chick-fil-A and same-sex marriage.
  • 17. Revised and updated cases include new discussions on Walmart and bribery in Mexico, Apple and Foxconn in China, executive compensation, conflicts of interest at Goldman Sachs, and employee privacy. • A revised discussion of ethical theory that deemphasizes philosophical jargon (readers will no longer see the word “deontological” for example!). The new discussion introduces ethics as involving frameworks and pat- terns of reasoning rather than as “theories” and substitutes a discussion of ethical principles, rights, and duties for the former section on deontologi- cal ethics. As always, a new edition provides an opportunity to not only update mate- rial, but to present it in a more accessible style. It has been gratifying to learn that readers have found the book clearly written and accessible to students un- familiar with the fi eld. In continuing to strive for these goals, I have rewritten some sections, deleted some outdated cases and dated material, and worked to improve the clarity of the more philosophical sections. Readers of previous editions will fi nd a familiar format. Each chapter be- gins with a discussion case developed from actual events. The intent of these cases is to raise questions and get students thinking and talking
  • 18. about the ethi- cal issues that will be introduced in the chapter. The text of each chapter then tries to do three things: • Identify and explain the ethical issues involved; • Direct students to an examination of these issues from the points of view of various stakeholders; and • Lead students through some initial steps of a philosophical analysis of these issues. The emphasis remains on encouraging student thinking, reasoning, and de- cision making rather than on providing answers or promoting a specifi c set of conclusions. To this end, a section on ethical decision making at the end of chapter 1 provides one model for decision making that might prove useful throughout the remainder of the text. des38324_fm_i-xiv.indd xides38324_fm_i-xiv.indd xi 1/17/13 4:21 PM1/17/13 4:21 PM xii Preface to the Fifth Edition ACKNOWLEDGMENTS As with previous editions, my greatest debt in writing this book is to those
  • 19. scholars engaged in the academic research of business ethics. I tried to acknowl- edge their work whenever I relied on it in this text, but in case I have missed anyone, I hope this general acknowledgment can serve to repay my debt to the business ethics community. I also acknowledge three members of that com- munity who deserve special mention and thanks. My own work in business ethics has, for over 20 years, benefi ted from the friendships of John McCall, Ron Duska, and Laura Hartman. They will no doubt fi nd much in this book that sounds familiar. Twenty years of friendship and collaboration tends to blur the lines of authorship, but it is fair to say that I have learned much more from John, Ron, and Laura than they from me. Previous editions have also benefi ted from the advice of a number of people who read and commented on various chapters. In particular, I would like to thank Norman Bowie, Ernie Diedrich, Al Gini, Patrick Murphy, Denis Arnold, and Christopher Pynes. I owe sincere thanks to the following teachers and scholars who were gracious enough to review previous editions of this book for McGraw-Hill: Dr. Edwin A. Coolbaugh—Johnson & Wales University; Jill Dieterlie—Eastern Michigan University; Glenn Moots—Northwood University; Jane Hammang-
  • 20. Buhl—Marygrove College; Ilona Motsif—Trinity College; Bonnie Fremgen— University of Notre Dame; Sheila Bradford—Tulsa Community College; Donald Skubik—California Baptist University; Sandra Powell— Weber State University; Gerald Williams—Seton Hall University; Leslie Connell— University of Central Florida; Brad K. Wilburn—Santa Clara University; Carlo Filice—SUNY, Genesco; Brian Barnes—University of Louisville; Marvin Brown—University of San Francisco; Patrice DiQuinzio— Muhlenberg Col- lege; Julian Friedland—Leeds School of Business, University of Colorado at Boulder; Derek S. Jeffreys—The University of Wisconsin, Green Bay; Albert B. Maggio Jr.—bicoastal-law.com; Andy Wible—Muskegon Community College; Christina L. Stamper—Western Michigan University; Charles R. Fenner, Jr.— State University of New York at Canton; Sandra Obilade— Brescia University; Lisa Marie Plantamura—Centenary College; James E. Welch— Kentucky Wesleyan College; Adis M. Vila—Dickinson College; Chester Holloman— Shorter College; Jan Jordan—Paris Junior College; Jon Adam Matthews— Central Carolina Community College; Bruce Alan Kibler— University of Wisconsin-Superior The fifth edition benefited from the thorough and thoughtful reviews
  • 21. by: • Carla Johnson, St. Cloud State University • Martha Helland, University of Sioux Falls • Jessica MacManus, Notre Dame • David Levy, State University of New York—Geneseo • Barbara Barresi, Capital University des38324_fm_i-xiv.indd xiides38324_fm_i-xiv.indd xii 1/17/13 4:21 PM1/17/13 4:21 PM Preface to the Fifth Edition xiii • Kenneth Ferguson, East Carolina University • Michael Shaffer, St. Cloud State University • Wake Maki, University of North Carolina–Greensboro • Andy Wible, Muskegon Community College • Richard McGowan, Butler University Joseph DesJardins des38324_fm_i-xiv.indd xiiides38324_fm_i-xiv.indd xiii 1/17/13 4:21 PM1/17/13 4:21 PM des38324_fm_i-xiv.indd xivdes38324_fm_i-xiv.indd xiv 1/17/13 4:21 PM1/17/13 4:21 PM 1 1 C H A P T E R
  • 22. Why Study Ethics? L E A R N I N G O B J E C T I V E S After reading this chapter, you will be able to: • Identify reasons why the study of ethics is important; • Explain the nature and meaning of business ethics; • Explain the difference between ethical values and other values; • Clarify the difference between ethics and the law; • Describe the distinction between ethics and ethos; • Distinguish between personal morality, virtues, and social ethics; • Identify ethical issues within a case description. des38324_ch01_001-019.indd 1des38324_ch01_001-019.indd 1 1/16/13 12:32 PM1/16/13 12:32 PM 2 Chapter 1 DISCUSSION CASE: The LIBOR Scandal: Is It Ok If Everyone Does It? On June 27, 2012, as part of a U.S. Department of Justice Investigation, Barclays Bank admitted to manipulating and reporting fraudulent inter- est rates used in international fi nancial markets. Barclays, a multinational fi nan- cial services and banking fi rm headquartered in London, was fi ned more than $450 million dollars (U.S.) by both U.K. and U.S. regulators. Evidence showed that Barclays had regularly manipulated the LIBOR (London
  • 23. InterBank Offered Rate) since at least 2005, in order both to profi t from large trades and to falsely portray the bank as fi nancially stronger than it was. The LIBOR is the rate at which major London banks report that they are able to borrow. This rate then serves as the benchmark at which interest rates are set for countless other loans, ranging from credit cards to mortgages and interbank loans. It also acts as a measure of market confi dence in the bank; if a bank must pay a higher rate to borrow than others do, then markets must have less confi dence in the institution’s fi nancial strength. The LIBOR is established in a surprisingly simple manner. Each morning at 11 a.m. London time, members of the British Bankers Association (BBA) report to the fi nancial reporting fi rm of Thomson Reuters the rates at which they would expect to pay for loans from other banks. Discarding the high- est and lowest quartiles, Thomson Reuters then calculates a daily average, which becomes the daily LIBOR benchmark. Within an hour, Thomson Re- uters publicizes this average worldwide, along with all of the individual rates reported to them. This benchmark is then used to settle short-term in- terest rates as well as futures and options contracts. By one estimate, the LIBOR is used to set interest rates for global fi nancial
  • 24. transactions worth more than $500 trillion. The individual rates also provide an indirect mea- sure of the fi nancial health of each reporting institution—the lower their rates, the stronger their fi nancial position. Evidence shows that as early as 2007, before the major fi nancial collapse of Lehman Brothers and the economic meltdown that followed, regulators in both the United States and the United Kingdom were aware of allegations that Barclays was underreporting their rates. In the early days of the 2008 fi nancial collapse, the Wall Street Journal published a series of articles questioning the in- tegrity of LIBOR reporting and suggested that banks were intentionally misre- porting rates to strengthen public perception of their fi nancial health. Timothy Geithner, U.S. Secretary of Treasury under President Obama, acknowledged that in 2008 when he was chairman of the New York Federal Reserve Bank, he recommended that British regulators change the process for setting the LIBOR. In testimony to the U.S. Congress in July 2012, Geithner said “We were aware [in 2008] of the risks that the way this was designed created not just the incen- tive to underreport, but also the opportunity to underreport.” Internal documents and e-mails showed that traders, compliance of- fi cers, and senior management at Barclays were aware of and
  • 25. approved the des38324_ch01_001-019.indd 2des38324_ch01_001-019.indd 2 1/16/13 12:32 PM1/16/13 12:32 PM Why Study Ethics? 3 underreporting. An e-mail sent from a Barclays employee to his supervisor in 2007 said: “My worry is that we are being seen to be contributing patently false rates. We are therefore being dishonest by defi nition and are at risk of dam- aging our reputation in the market and with the regulators. Can we discuss urgently please?” Evidence also showed that Barclays employees were in regular commu- nication with traders who would explicitly ask that Barclays report specific higher or lower rates in order to benefit their trades. For example, Deriva- tive traders, who would stand to gain or lose millions of dollars depend- ing on the rate, would communicate directly with their Barclays banking contacts and request that certain rates be reported. The tone of their com- munication demonstrates the familiarity that existed between these parties: “Dude. I owe you big time! . . . I’m opening a bottle of Bollinger,” wrote one trader to his Barclays contact. “Pls set 3m libor as high as
  • 26. possible today,” wrote another. Yet another, “Dude, what’s up with ur guys . . fix this . . .tell him to get it up! Investigations into the LIBOR scandal showed widespread intentional fraud among many individual employees and executives at Barclays. But from the earliest days of the scandal, allegations were being made that other banks were equally involved. While admitting guilt, Barclays denied that they were the only bank involved in misreporting data. In a recorded interview, one Barclays employee told investigators that “We did stick our head above the parapet last year, got it shot off, and put it back down again. So, to the extent that, um, the Libors have been understated, are we guilty of being part of the pack? You could say we are. . . . Um, so I would, I would sort of express us maybe as not clean clean, but clean in principle.” In a conversation between a senior executive at Barclays’ and a representative of the British banking Ad- ministration, which was reported by the U.S. investigation, the Barclays em- ployee defended the bank, saying “We’re clean, but we’re dirty- clean, rather than clean-clean.” The BBA representative responded: “No one’s clean-clean.” By the end of August 2012, the investigation had spread to include allega-
  • 27. tions of fraudulent LIBOR reporting by HSBC and royal bank of Scotland, the two other largest banks in the United Kingdom, as well as more than a dozen other international banks. The scandal even spread to the British government. Barclays CEO Bob Diamond testifi ed that at the height of the fi nancial collapse in fall 2008, he received a call from Paul Tucker, deputy governor of the Bank of England. According to Diamond, Tucker called on behalf of “senior Whitehall” fi gures and put pressure on Mr. Diamond to lower his reported LIBOR rates. The al- legation is that the higher rates would undermine confi dence in Barclays at a time that fi nancial markets needed boosting, and it increased the likelihood that the British government would need to bail out Barclays as it already had done for other failing banks. Mr. Tucker claims that he was misunderstood by Mr. Diamond. des38324_ch01_001-019.indd … COUPLE PSYCHOANALYTIC PSYCHOTHERAPY AS THE TREATMENT OF CHOICE: Indications, Challenges and Benefits
  • 28. Berta Aznar-Martínez, PhD, Carles Pérez-Testor, PhD, MD, Montserat Davins, PhD, and Inés Aramburu, PhD Universitat Ramon Llull Including couple treatment in psychoanalysis has required the setting of new parameters beyond the classical psychoanalytical setting, in which the treatment is individual. This article aims to define the clinical criteria for, and benefits of, recommending couple treatment rather than individual psychoanalysis or psy- chotherapy, and to identify the challenges and demands that this has entailed for psychoanalysis, from the standpoint of the analysis itself and also that of the therapeutic relationship. Couple therapy is a very complex endeavor since a host of factors must be borne in mind. The present paper discusses the specific features of these factors and how they influence the diverse mechanisms in the analytical relationship. A clinical vignette is included in order to demonstrate the mechanisms that influence therapeutic work in couple psychoanalytic treatment. Keywords: couple psychotherapy, therapeutic relationship, transference, coun- tertransference, psychoanalysis, conjoint treatment In psychoanalysis, couple treatment has required the setting of new parameters beyond the
  • 29. classical psychoanalytical setting. Thanks to the contributions of Dicks (1967), Pichon Riviere (1971), and Kaës (1976), who might be seen as representatives of the leading psychoanalytical schools (English, Argentine, and French, respectively) in the fields of This article was published Online First March 23, 2015. Berta Aznar-Martínez, PhD and Carles Pérez-Testor, PhD, MD, Facultat de Psicologia, Ciències de l’Educació i de l’Esport Blanquerna and Institut Universitari de Salut Mental Vidal i Barraquer, Universitat Ramon Llull; Montserat Davins, PhD, Institut Universitari de Salut Mental Vidal i Barraquer, Universitat Ramon Llull; Inés Aramburu, PhD, Facultat de Psicologia, Ciències de l’Educació i l’Esport Blanquerna and Institut Universitari de Salut Mental Vidal i Barraquer, Universitat Ramon Llull. This article is based upon work supported by the agreement between the Universitat Ramon Llull and the Departament d’Economia i Coneixement de la Generalitat de Catalunya. Correspondence concerning this article should be addressed to Berta Aznar-Martínez, PhD, FPCEE Blanquerna. C/Císter 34. 08022. Barcelona, Spain. E- mail: [email protected] T hi s do
  • 34. oa dl y. Psychoanalytic Psychology © 2015 American Psychological Association 2016, Vol. 33, No. 1, 1–20 0736-9735/16/$12.00 http://dx.doi.org/10.1037/a0038503 1 mailto:[email protected] http://dx.doi.org/10.1037/a0038503 couple and family psychotherapy, couple treatment is now an area of therapeutic action that has brought new challenges. Although this type of treatment is widely accepted among psychoanalysts nowadays, the need of couple therapy and the factors that make couple psychotherapy the treatment of choice rather than individual treatment are issues that are still under discussion. Zeitner (2003, p. 349) describes the typical ways in which couple consultation and therapy are practiced by psychoanalysts as a “supplemental or even second- rate treatment which is palliative, supportive, informative, or preparatory for the real therapy—psychoanalysis or psychotherapy,” a view which shows that couple treatment is not held in high esteem by some psychoanalysts. However, couple therapy has the potential to provide valuable
  • 35. insights concerning individual and shared psychic organization, and also the dynamic functioning of marriage (Scharff, 2001). The purpose of this article, therefore, is to provide further insight into the clinical indications for couple psychotherapy, its benefits, and how to go about this type of treatment. It also aims to examine the new challenges and demands that openness to welcoming couples into therapy has brought for psychoanalysis, from the standpoints of the analysis itself and the therapeutic relationship. Couple therapy has several clinical characteristics which differentiate it from individual therapy and these are highlighted in the paper. Why Couple Psychoanalytic Psychotherapy? Couple therapy is an area of psychotherapeutic practice that is long on history but short on tradition (Gurman & Fraenkel, 2002). The evolving patterns in theory and practice in couple treatment over more than 80 years can be seen as having four distinct phases: (a) nontheoretical marriage counseling training (1930 –1963); (b) psychoanalytic experimen- tation (1931–1966); (c) incorporation of family therapy (1963– 1985); and (d) refinement, extension, diversification, and integration (1986 to the present day) (Gurman & Fraenkel, 2002; Gurman & Snyder, 2011). According to Segalla (2004), recent cultural shifts have had a considerable impact on the ways in which psychoanalysis and psychotherapy are
  • 36. conducted and couple therapy has much to gain from postmodern theorizing. Analysts have mainly applied their methods to the individual rather than to the troubled dyad (Zeitner, 2003) even though 50% to 60% of their patients seeking therapy do so because of some kind of disorder in their intimate or other significant relationships (Sager, 1976). Moreover, as Gurman (2011) notes, partners in troubled relationships are more likely to suffer from anxiety, depression, suicidal impulses, substance abuse, acute and chronic medical problems, and many other pathologies. In Segalla’s view (2004), emphasis on intersubjective and relational perspectives has had a major influence on the way the treatment process is conceptualized. The dyad is seen as an “interactive system” and the couple treatment is based on awareness of this system of mutual influence and regulation. Working with couples affords compelling evidence for the existence of a “psychology of interaction” and the ways in which emotional difficulties are, in part, determined by these factors (Dicks, 1967). Similarly, de Forster and Spivacow (2006) hold that what couple treatment adds to the contribution of the classical Freudian model is the role of “the intersubjective,” which varies according to the type of psychic suffering. This dimension has crucial importance with regard to much of the distress in a relationship and must have a place in the design of therapy. All psychic functioning is constituted by both the intrasubjective (in that
  • 41. in at ed br oa dl y. 2 AZNAR-MARTÍNEZ, PÉREZ-TESTOR, DAVINS, AND ARAMBURU the psychic determinants come from the inner world), and the intersubjective (in that the psychic determinants include the “other” and the intersubjective context in which the subject functions). The latter factors are fundamental in much of the suffering which occurs in a couple’s love life and relationship. Hence, in couple treatment, certain factors are of particular importance: “the partner, bidireccionality, the unconscious interconnec- tions and the interweaving of the phantasies of both partners” (de Forster & Spivacow, 2006, p. 255). The psychic determinant of the suffering must be sought in an aspect of the functioning of the psyche which is not part of the Freudian psychic apparatus but which lies, rather, in the link between the members of the couple (the “intersubjective”). If this is not taken into account in the choice of a suitable treatment,
  • 42. the intersubjective dimension might be neglected in individual work. Since each partner has become closely associated with the other’s painful internal objects, conjoint psychoanalytic couple therapy has the potential of dealing with deeply ingrained, largely unconscious constellations that are usually thought to be treatable only by means of psychoanalysis or intensive individual analytic psychotherapy (Scharff, 2001). Nevertheless, it seems clear that conjoint treat- ments are vastly superior to individual treatments for couple distress (Gurman, 1978). As for the clinical criteria for recommending psychoanalysis or intensive psychoan- alytic psychotherapy versus couple treatment, Links and Stockwell (2002) have described the clinical indications for couple therapy in the case of narcissistic personality disorder. We believe that these criteria can be applied in any case where couple therapy would seem to be indicated. First, Links and Stockwell state that the partners’ capacity for dealing openly with feelings of anger or rage must be assessed before deciding on couple treatment, although these will be worked on during treatment if one member of the couple is unable to deal with or express feelings that might be humiliating or that could prompt an attack on the other partner. In such cases we believe that individual treatment should precede couple therapy. Second, the person’s level of defensiveness, openness to the need for a relationship, and ability to have this dependency gratified should be evaluated as
  • 43. well. If one of the partners does not want to continue and improve the relationship the treatment will not be useful. This is not necessarily the case when both members of the couple want to separate or divorce. The important point in these circumstances is that the aim of treatment is shared by both parties and this can be assessed by the therapist in the preliminary interviews. If, after some sessions, it becomes clear that the objective is not shared by both members, the treatment will not be fruitful. Assessment of vulnerability is important. Some people feel that having their partners listening to interpretations could be belittling and humiliating and couple therapy could then be counterproductive. Third, the complementarity of the couple must be analyzed, together with the roles each one plays in the couple. If this complementarity exists, the couple can often make progress. In other words, when the therapist can show the couple that they are both participating in the dynamics of their relationship and that, whether they like it or not, each of them is (or has been) benefitting from the relationship, the treatment can be helpful. If both partners can see that each of them has personality aspects that benefit the other, they will be better able to understand their situation (as will be explained in more detail below). If a couple fulfils these three criteria, they can probably work together and establish, or reestablish, a stable marriage with a significant degree of complementarity based on more positive symmetrical patterns.
  • 44. Lemaire (1977) lists some conditions indicating couple treatment, namely: (a) that both members agree to having therapy, although as we shall see below, this rarely happens; (b) that they can distinguish between improved communication and continuing to stay together (when couples come to therapy they frequently have communication T hi s do cu m en t is co py ri gh te d by th e
  • 48. t to be di ss em in at ed br oa dl y. 3COUPLE PSYCHOANALYTIC PSYCHOTHERAPY problems and improving communication is one of the first goals of the treatment in order to be able to explore other issues later on (phantasies, families of origin . . .)); and (c) that the therapist can intervene freely (more or less) without feeling bothered by the contra- dictions of the other two conditions. In this same vein, Bueno Belloch (1994) and Castellví (1994) emphasize that limits to couple treatment appear when: (a) when one of the partners is forced by the other to come to the therapy and there is no change after some
  • 49. sessions; (b) when it is feared that the new understanding that each person acquires in therapy can be used pathologically; (c) when both partners form an alliance against the therapist and frustrate all his or her efforts to bring about change; and (d) when it becomes necessary to suggest individual therapy for one of the partners because the conflict cannot be addressed in conjoint treatment. According to de Forster and Spivacow (2006), another reason for opting for couple treatment is that our discipline must take a flexible approach, catering to the needs of men and women of our time, and to what society demands. Reforms in divorce law, more liberal attitudes about sexual expression, increased availability of contraception, and the greater economic and political power of women have all raised the expectations of committed relationships so that their requirements now go well beyond economic viability and assuring procreation (Gurman, 2011). Likewise, Segalla (2004), drawing on her own clinical practice and that of other psychoanalysts, states that the demand for couple therapy is now considerably greater, and this seems to suggest a cultural shift in which efforts are being made to save marriages rather than simply to divorce. Moreover, there are signs that would seem to support the clinical contention that relationships in later life can influence patterns of attachment established during childhood (Clulow, 2003). Mar- riage can therefore be a potentially therapeutic institution, a unique opportunity for
  • 50. reworking unresolved problems from the past, which can be aided by a skilled therapist (Gurman, 1992). In this case, the analyst needs to take into account a number of factors which will be described below. Psychopathology of the Couple Relationship According to Balint (Family Discussion Bureau, 1962), the inner life of the dyad consists of one partner’s desires, hopes, disillusions, and fears interacting with similar aspects of the other partner’s internal world. Theories on conjugal life are based on this interaction. There is progress and regression in the relationship of a couple, and this is described by Dicks (1967) and further detailed by Willi (1978) and, later in Spain, by Font (1994). The members of a couple strive to gratify needs and desires which date from very early stages in their lives, and they may attain this gratification when their regressive or progressive desires are accepted by their partner. Need for support, tenderness, affection, or devotion can be requested and fulfilled within the couple relationship (Font & Pérez Testor, 2006). Ruszczynski and Fisher (1995) have meticulously described the role of projective identification in psychoanalytic psychotherapy with couples. As is well known, projective identification entails the capacity to induce the other to feel what is being projected, and it has a central role in the psychoanalytic understanding of the couple. Phenomena like projection, introjection, and retroprojection (the projection into
  • 51. the partner of what the other partner has introjected from a previous projection of his or her partner) exist in all couples and are fed and interact constantly in a back-and-forth interplay of projections. We believe Hoffman’s conceptualization (1983) is useful for understanding this phenomenon as it divides it into three unconsciously acted out parts: T hi s do cu m en t is co py ri gh te d by th
  • 55. no t to be di ss em in at ed br oa dl y. 4 AZNAR-MARTÍNEZ, PÉREZ-TESTOR, DAVINS, AND ARAMBURU 1. Each member of the couple chooses what to see from all the characteristics of the other; one’s partner offers a host of signals, including the characteristics the other chooses and is most likely to perceive. Other features, however, seem to be blurred or hidden by the partner. 2. Once the partner’s characteristics have been chosen, they
  • 56. seem to confirm each member’s own internal vision of the world and expectations; this suggests that each partner tends to interpret the chosen characteristics in accordance with old family relationships. Each member of the couple chooses real facts from their partner, but then constructs a history of those facts based on his or her own previous relationships. 3. Each partner unconsciously influences the other in order to test what they already know or believe; this unconscious communication appears in the couple through the mechanism of interpersonal projective identification (Ruszczynski, 1992). Eventually, the intensity and repetition of problematic interactions begins to dominate the couple-experience, and this tends to polarize the members (Gold- klank, 2009). If this happens, the couple may seek counseling and, indeed, this is the kind of couple we tend to find in clinical practice. Along similar lines, Shimmerlik (2008) notes that the patterns of couple relationships are formed in the enactive domain through a nonconscious implicit process of commu- nication, part of which is stored in the implicit domain and remains embedded and enacted in one’s most intimate relationship, and can therefore only be accessed within the context of this relationship. Another way of conceptualizing these processes happening
  • 57. unconsciously between partners, and which we believe is useful in diagnosis and hence in subsequent treatment, is based on Dicks’ (1967) concept of collusion within couples. By collusion (which derives from coludere or interplay between two people) we mean the unconscious agreement that forges a complementary relationship in which each party develops parts of themselves that the other needs, and gives up other parts of themselves which they project onto their partner (Dicks, 1967; Font & Pérez Testor, 2006; Willi, 1978). Other prominent authors have similarly conceptualized this unconscious interplay between the members of a couple as an unconscious base (Puget & Berenstein, 1988), dominant internal object (Teruel, 1974) and conjugality (Nicolò, 1995). The concept of collusion starts with the idea that couples are formed on the basis of personal styles that are complemented with flows and reflows, or with projection, intro- jection, and retroprojection. These kinds of bonds arise within all couples, albeit differ- ently in each couple, and they can be grouped into clusters based on admiration, care, or dependency. Although certain levels of admiration, care, or dependency are needed in all couples, it is important for the health of the couple that they occur alternately and not rigidly. All couples have bonding styles in which certain characteristic features predom- inate, but pathology appears when the bonding style becomes rigid (Pérez Testor & Pérez Testor, 2006). One example of this was a couple treated in our
  • 58. center. The woman had always spent much of her time caring for her husband, and the husband let himself be cared for, which allowed both partners to meet their primary needs (caregiver-care receiver). Then the woman was diagnosed with breast cancer and they had to change roles, but neither member was able to take on the opposite role and pathology appeared. The couple came to us seeking help mainly because of this inability to change roles. Accord- ingly, we believe that collusion becomes pathological when the roles of each partner become so rigid that it is difficult to exchange them. In keeping with this idea, Fisher and T hi s do cu m en t is co py ri gh te
  • 62. an d is no t to be di ss em in at ed br oa dl y. 5COUPLE PSYCHOANALYTIC PSYCHOTHERAPY Crandell (2001), referring to the attachment theory, state that the hallmark of secure attachment is the ability of each partner to change their positions of depending and being depended on by one another in a flexible and appropriate
  • 63. manner. Psychoanalytical Treatment of the Couple As we have noted, during the 20th century many psychoanalytical therapists came to accept the usefulness of welcoming couples and families into their practice, in contrast with the classical tendency of working only with individual patients (talking cure). This new framework has given rise to many questions and studies on the techniques adopted by the therapist, sometimes leading to reconsideration of the classical boundaries of the psychoanalytical setting. The scope of couple therapy has evolved substantially in psy- choanalysis, and the object relations orientation has made a major contribution to the field by giving couple therapists insights into the defensive, communicative, and structure- building functions of unconscious processes, resistance, and work on transference (Sander, 2004; Scharff & Scharff, 1991; Sharpe, 2000; Slipp, 1988). As mentioned before, the role of “the intersubjective” is crucially important with regard to much of the suffering in a couple’s relationship and thus should have a place in the design of therapy. When including this dimension, the couple’s analyst needs to bear in mind some important aspects that will eventually appear during the treatment. In couple therapy, we often find that what initially attracted each partner to the other lies at the heart of their complaints (Felmlee, 2001; White & Hatcher, 1984). Now,
  • 64. collusively, they choose those aspects of their partner that confirm their worst fears about themselves and their partner. Mutual needs, often on an archaic level, are stimulated in couple relationships. Frustration and disappointment of these developmental needs often lead to marital conflict. In many couples, difficulties can be understood as mutual attempts to rectify the deficits of their injured selves (Livingstone, 1995). According to Kaës (1976), one great benefit of couple therapy is that it may hold out a chance to reelaborate the unconscious alliances, pacts, and contracts that come from intergenerational and transgenerational psychological transmissions and that have remained embedded in the couple. In the clinical setting, the roles and rules adopted by couples often appear as stemming from intergenerationally transmitted anxieties about unresolved dilemmas in both members’ birth families. In this sense, Robert (2006) defines the couple as the place where a person once again acts out and sometimes attempts to retain his or her infantile side, regardless of the cost. Helping both members of the couple to recognize that their fears are fundamentally similar is crucial in overcoming disillusionment and polarization, and enables them to integrate solutions that they initially view as inimical (Goldklank, 2009). When both members of the couple accept responsibility for their own personal contributions, blame and shame are somehow alleviated and the quality of their relation- ship is enhanced (Scharff & Scharff, 2004).
  • 65. In psychoanalytic couple therapy, as we view it, the therapist plays an active role in which interpretative capacity is his or her main instrument. Stressing psychoanalytic techniques to maintain a state of harmony, providing a secure base, recognizing nonverbal signals of unconscious associations, and processing emotionally laden interactions are all important when working with couples (Scharff & Scharff, 2004). In Teruel’s opinion (1970), the destructive force of a couple can be managed by means of proper interpreta- tions and the gradual acquisition of insight through introjection or internalization of what T hi s do cu m en t is co py ri gh te
  • 69. an d is no t to be di ss em in at ed br oa dl y. 6 AZNAR-MARTÍNEZ, PÉREZ-TESTOR, DAVINS, AND ARAMBURU the therapist does and represents for the couple in terms of his or her interaction in their marriage. No doubt, the main difficulty in couple therapy lies herein: how
  • 70. to interpret. Like Lemaire (1980) and Castellví (1994), we would say that the interpretative focal point is the couple, not one member or the other but both of them together, their relationship, and their collusion, which is in keeping with the intersubjective dimension of couple treat- ment. If we avoid the risk noted by Teruel (1970) and which Thomas (cited in Pérez Testor & Pérez Testor, 2006) summarizes as “individual interpretation in public,” and focus instead on interpreting their collusion, we may be able to help both partners gain awareness of the functioning of their unconscious, which has led them to act out their conflicts. When interpreting from an interpersonal perspective, the couple therapist affirms that each member of the couple is complaining about something that truly exists, but to which they both somehow contribute (Goldklank, 2009). The mobilization of each partner’s unconscious defenses is coordinated and takes on the guise of resistance emerging spontaneously in the session. Generally speaking, progress is slowly made with the therapist’s interventions, in which analysis of the defenses and anxieties of one partner is often used to analyze the other’s defenses and anxieties in a pattern that is usually back-and-forth. The therapist tries to interpret the collusion by showing the defenses and anxieties which have led the couple to form this specific kind of internal dominant object (Teruel, 1974). The work of acute understanding and integration of
  • 71. interpretations is performed in the same way as in psychoanalysis or psychoanalytic psychotherapies. However, perhaps acute understanding of one of the partners is quicker and more precise than with the other. It is then wiser to adopt the pace of the slower one since a greater capacity for insight in one member of the couple can become a weapon used against the other if the therapist’s interventions do not set limits. In other words, it is important to adjust the pace of the treatment’s progress to the slower or more fragile of the two partners. The therapist must be aware of the nature of this movement, bear it in mind, and only use interpretation when it can be addressed to both partners, in accordance with the intersubjective dimension that shapes the design of couple treatment. The responses to the therapist’s interventions may come from either partner and they often react, each one offering rich associative material. The theoretical underpinnings and intentionality of the interpretations correspond equally to both transferential and extratransferential types. Both entail an effort to show the couple what they do not know about themselves, to reveal those parts of their inner world that are repressed or disassociated so that they can recover them and reintegrate them into their psychological system as a whole. There are no totally and exclusively new experiences solely determined by external conditions. Rather, all of them are filtered to a
  • 72. greater or lesser degree through the primitive internal object relations that survive in the unconsciousness of the person’s entire life. In couple therapy, the goal is to interpret the “here and now” of what happens in the session. Extratransferential interpretations are more frequent. They are expressed and revealed in the couple’s daily lives and permeate any event and relationship outside the session. Technically speaking, the best course of action after every extratransferential interpretation is for the therapist to try to identify and interpret the unconscious motives and fantasies which have led the couple to bring certain facts and situations to the session and, on the basis of this, proceed to the transferential interpretation itself (Pérez Testor & Pérez Testor, 2006). Nevertheless, it is difficult for all of these internal conflicts to be expressed in transference at any one point. Whatever the characteristic features and technique of each therapist, in the thera- T hi s do cu m en t is
  • 77. peutic function the couple relives the fundamental structure of internally shared object relations. Yet other nuances and particularities of these relations will never be manifested. They require … PHIL-200 Business Ethics Maryanne Cliche [email protected] PLAN FOR TODAY • 1. INTRODUCTION • 2. RECAP • 3. MORAL RIGHTS IN THE WORKPLACE • 4. HOMEWORK MORAL RIGHTS IN THE WORKPLACE
  • 78. MORAL RIGHTS IN THE WORKPLACE Work is one of the most important and highly valued human activities because it is instrumental to so many other important human goods. Work is inevitable for most people, but work is also something that is controlled by other people – direct manager, CEO, board of directors, etc. Therefore, work is related to some rights that protect the interests of employees and impose duties on the people who control their working lives. MORAL RIGHTS IN THE WORKPLACE 1. Legal Rights 2. Contractual Rights 3. Moral Rights MORAL RIGHTS IN THE WORKPLACE 1. Legal Rights Are granted to employees on the basis of legislation or judicial rulings; • Minimum wage
  • 79. • To equal opportunity • To bargain collectively as part of a union MORAL RIGHTS IN THE WORKPLACE 2. Contractual Rights Are referring to those goods that employees are entitled to on the basis of contractual agreements with employers; • Health care package • Paid holidays • Pension Funds MORAL RIGHTS IN THE WORKPLACE 3. Moral Rights Are referring to those entitlements to which employees have a claim independent of any particular legal or contractual factors; • Respect as human beings MORAL RIGHTS IN THE WORKPLACE 3. Moral Rights ‘’Those general moral entitlements that employees have to certain goods ( or protection from certain harms) within the workplace.’’
  • 80. In other words, they establish the basic moral framework for employer-employee relationships. Source, Textbook, p.123 - Food for thoughts – Does your employer have the right to read the e-mails on your work account? Should employer be allowed to monitor your web browsing history? Does your employer have the right to read your text messages on your work- provided phone? Can you be fired because your boss read a comment you made about your employer on FB? If you worked in HR would you visit the FB page of a potential employee and use the information to support your hiring decision? Would you Google potential employees? MORAL RIGHTS IN THE WORKPLACE
  • 81. MORAL RIGHTS IN THE WORKPLACE 1. The Right to Work Because work is necessary to secure central primary goods the right to work - or the right to a job- is considered by many as a moral right. This right also implies that once hired, employees have a right to keep their job and can be fired only for good reasons. MORAL RIGHTS IN THE WORKPLACE Article 23. (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. Source: UN Declaration of Human Rights MORAL RIGHTS IN THE WORKPLACE 2. Due Process in the Workplace From a legal principle, due process defines the limitations that offer protection against arbitrary uses of authority. i.e. The right to trial, the right to legal representation
  • 82. and so forth. MORAL RIGHTS IN THE WORKPLACE 2. Due Process in the Workplace From a philosophical perspective, due process means that even legitimate authority cannot be used in just any manner. i.e. Courts cannot make a decision just by flipping a coin, the police cannot obtain confessions by using coercion or torture. MORAL RIGHTS IN THE WORKPLACE 2. Due Process in the Workplace Due process right establishes the process that an employer must go through to ensure his decisions are not arbitrary. i.e. Employees can be dismissed for good cause, but they cannot be dismissed for no cause. MORAL RIGHTS IN THE WORKPLACE 2. Due Process in the Workplace The process
  • 83. A prior warning Documentation Written Performance Standards Probationary Periods MORAL RIGHTS IN THE WORKPLACE 2. Due Process in the Workplace The process Punishment proportionate to the infraction Possibility to respond Possibility to appeal MORAL RIGHTS IN THE WORKPLACE 3. Participation Rights
  • 84. In society in which individuals are respected as autonomous and free decision makers, authority is justified by the consent of the governed. MORAL RIGHTS IN THE WORKPLACE 3. Participation Rights Employees should have the right to co-determine any policy that has a significant impact on their work lives. MORAL RIGHTS IN THE WORKPLACE 3. Participation Rights Can benefit the business and the employees because they may bring; 1 -- A sense of Self-respect and Self-worth 2 -- Meaning and Value into work life Which may reduce mental health, alienation and burn- out associated with workplace condition. MORAL RIGHTS IN THE WORKPLACE 4. Employee Health and Safety ‘’Organized efforts and procedures for identifying workplace
  • 85. hazards and reducing accidents and exposure to harmful situations and substances.’’ Source: Business Dictionary MORAL RIGHTS IN THE WORKPLACE 4. Employee Health and Safety It also includes; 1. Training of personnel in accident prevention 2. Accident response 3. Emergency preparedness 4. Use of protective clothing and equipment. MORAL RIGHTS IN THE WORKPLACE 4. Employee Health and Safety There should NOT BE ANY trade-offs between H&S standards AND job security or wages The risks associated with the workplace, need to be reduced to the lowest level and employees need to be fully aware of these risks. MORAL RIGHTS IN THE WORKPLACE
  • 86. 5. Privacy in the Workplace People expect to have some privacy at work, even if they are on their employer's premises and using the employer's equipment. At the same time, it's normal that working for someone will mean giving up some privacy. Source: Office of the Privacy Commissioner of Canada MORAL RIGHTS IN THE WORKPLACE 5. Privacy in the Workplace But the possibilities for infringing on privacy are greater than ever before; Psychological tests, web-browsing records, video surveillance, keystroke monitoring, genetic testing. Source: Office of the Privacy Commissioner of Canada MORAL RIGHTS IN THE WORKPLACE 5. Privacy in the Workplace Employee privacy is violated when 1- Employers infringe on personal decisions that are irrelevant to the employment contract
  • 87. MORAL RIGHTS IN THE WORKPLACE 5. Privacy in the Workplace Employee privacy is violated when 2- When personal information that is irrelevant to the employment contract is collected, stored or used without the prior consent of the employees. MORAL RIGHTS IN THE WORKPLACE 1. The Right to Work 2. Due Process in the Workplace 3. Participation Rights 4. Employee Health and Safety 5. Privacy in the Workplace CONCLUSION • Many laws and legislation cover rights in the workplace (federal and provincial laws, contractual agreement) • But moral rights are beyond the laws and legislation and refer to those entitlements to which employees have a claim in regards to their self- respect and protection as human beings
  • 88. • They establish the basic moral framework for employer- employee relationships - Food for thoughts – Does your employer have the right to read the e-mails on your work account? Should employer be allowed to monitor your web browsing history? Does your employer have the right to read your text messages on your work- provided phone? Can you be fired because your boss read a comment you made about your employer on FB? If you worked in HR would you visit the FB page of a potential employee and use the information to support your hiring decision? Would you Google potential employees? THINK- PAIR- SHARE HOMEWORK
  • 89. REVIEW ALL THE RESOURCES ON C4 READ CHAPTER 6 OF YOUR TEXTBOOK A) DEFINE MORAL RIGHTS B) NAME AND EXPLAIN 2 MORAL RIGHTS IN THE WORKPLACE C) Does your employer have the right to read your text messages on your work-provided phone? Use concepts presented in class and in your textbook to support your answer.