"(T)o say that the individual is culturally constituted has become a truism. . . . We assume, almost without question, that a self belongs to a specific cultural world much as it speaks a native language." James Clifford
Showing posts with label profit-seeking. Show all posts
Showing posts with label profit-seeking. Show all posts

Tuesday, June 4, 2024

When Hollywood Gets Political: Partisan Profits

Entertainment celebrities and businesses alike risk losing customers and thus revenue by taking positions publicly on political issues. Fearing a surge from political parties on the far-right, some large businesses in the E.U. took the unusual step of coming out against those parties, labeling them as “extremist,” prior to the E.U. election in June, 2024. Typically, businesses there limit their political stances to particular issues that bear on core functions. This is a prudent policy, for human beings, being of bounded rationality, can easily translate ideological disagreement into switching brands. Even universities can get bruised by becoming embroiled in a domestic or international matter that is controversial. Hence after the contentious spring semester of pro-Palestine protests at Harvard (and other many other universities), the university’s administration enacted a policy not to take positions on issues in which the core functions of the university are only indirectly touched or are not affected at all. In creating a “marketplace” for academic freedom, universities themselves are best positioned by staying neutral. Although it is tempting for anyone (for oneself or one’s institution) who has access to media to sway public opinion on a political issue, I contend that the immediate self-gratification is usually outweighed by lost revenue and the reputation of being partisan. Applying strict scrutiny to one’s foray into controversial issues is harder to do if some vocal customers are demanding that a position be publicly taken. The silence of other customers, who would “vote with their purse or wallet” were an opposing position to be taken, should not be overlooked.  The singer Taylor Swift and the actor Robert De Niro provide us with two illustrations. Stepping out of their respective domains comes at a cost in those domains, and thus should, I submit, be done prudently and seldom.

As Israel was bombing Rafah in Gaza in 2024, contravening two rulings of the International Court of Justice (i.e., the UN’s court), a significant number of “Swifties,” that is, fans of the singer Taylor Swift, pleaded on social media for the international celebrity to take a position against Israel’s aggression. One fan wrote, “Taylor, please say something. Your silence is hurting us. We need you to stand with Palestine and condemn the Israeli occupation and aggression.”[1] I submit that the alleged hurt was exaggerated by the teenager. I sincerely doubt that Taylor’s silence kept many Swifties from buying Swift’s recently released album. Had the singer taken a stand, on the other hand, her fans on the other side might do more than block Swift on social media. That is to say, Swift’s financial bottom-line would be more impacted, and negatively so. It seems very improbably that increased purchases by Swifties in favor of Palestine would surpass the loss of revenue from Swifties on the other side of the issue “voting with their purses and wallets.” The lack of symmetry here is behind my advice to celebrities not to take a position on a controversial political issue, or to do so knowing that a financial cost will come with the exercise of political influence.

To be sure, exercising political influence on a societal and even world stage is tempting. As one Swiftie wrote on social media of Swift’s latent power, “if she can rally all of us to vote, she had the power to speak up about injustice.”[2] More bluntly stated, Taylor Swift had the power to significantly influence elections. The ideological benefit to her in doing so is not trivial; my point is that in accruing such a benefit, she should know that it comes with a financial cost in terms of her core function. By 2024, she had made so much money that not earning as much as she otherwise could by taking a position on Israel and Palestine could have made rational sense to her. Yet possible hits to her reputational capital could go beyond merely losing some customers of her music.

As Israel was bombing Gaza, former U.S. president Don Trump was on trial for criminal fraud in order to commit a political crime. Robert De Niro, a movie star, went to the courthouse and castigated Trump, calling him a monster.[3] As a result, the National Association of Broadcasters rescinded its Service to America Award, which the actor was to accept in just days. A spokesperson for the organization explained that it “is proudly bipartisan, uniting those from across the political spectrum to celebrate the impactful work of local broadcasters and our partners.”[4] De Niro would be a “distraction.”[5] Hence he was disinvited from even attending the event. De Niro took the high road and wished the organization well. For him, the loss of the award and even any loss at the box office if Trump supporters would then “vote with their purses and wallets” was worth it. Like Swift, De Niro had plenty of money, no doubt, and great star-power; he could take some of it out for a spin—like taking a new car out for a fast drive—without fear that he would end up in the poor house. Even so, the question of whether the hit to his personal “brand” was worth the financial and reputational cost is worth asking. Perhaps the answer is yes only if his public condemnation of Trump would end up making a difference in the election that was still half a year away. To De Niro, the answer could have been yes even if not because of the psychological reward that he felt from standing up for something important to him. Even so, rationally it would still be wise to keep an eye on the brand.

In short, it is human, all too human, to want to have political influence on a societal or even a global scale, and to enjoy the psychological pleasure that goes with the expenditure even though it could mean fewer sales than would otherwise be the case and a hit to one’s reputational capital, or brand. Generally speaking, though, such immediate gratification may not usually be worth the long-term costs, both tangible and intangible. Balancing the immediate with the long-term is not something that we humans are particularly good at, and natural selection in the process of evolution is to blame. The time-value of money, an economic concept, stems from the human preference for instant gratification. It is for this reason that I contend that celebrities should as a rule stick to their core functions—stick to the knitting in the words of the business book, In Search of Excellence—and only branch out to “cash in” to influence a political matter only rarely if at all. Taylor’s silence wasn’t actually hurting anyone; she was being an astute businesswoman and thus acting in her best interest.


1. David Mouriquand, “#SwiftiesForPalestine: Taylor Swift Urged to Speak Up on Gaza Conflict,” Euronews.com, May 29, 2024 (accessed June 3, 2024).
2. Ibid.
3. Dylan Donnelly, “Robert De Niro Has Award Withdrawn after Calling Donald Trump ‘Monster’ Outside Trial,” Sky News, June 2, 2024 (accessed June 3, 2024).
4. Ibid.
5. Ibid.

Wednesday, November 20, 2019

Managing Externalities in Business: Heliogen’s Breakthrough in Combatting Climate Change

A company’s values and norms can resonate to some extent with their societal counterparts by the company providing goods and services of value to customers resulting in a reduction of their suffering or increase in their happiness. Providing a net-value (the value to the customer less the price) to people can resonate with societal values and norms that esteem happiness and frown on suffering from want. Indeed, a utilitarian ethic can apply to the provision of as much value as possible in the form of goods and services that reduce the suffering or increase the happiness of as many people as possible. Legitimate wealth can “result from having provided a significant amount of value to a significant number of people.”[1] Even fortunes, according to this ethic, are justified by the provision of “a very unusual form of value to a very unusual number of people.”[2] Utilitarianism is popularly known from the expression, the greatest good to the greatest number (i.e., of people). Of course, an ethic justifies what should be, whereas the extent to which a company’s values and norms approach those of society is a descriptive matter. Describing the degree of fit is not to say that a company’s values and norms should (i.e., normatively) have that degree of fit, or even more. Ethical reasoning would be needed to supply the normative contention; such reasoning involves argumentation that the extant societal values and norms should be held generally speaking and specifically by companies. The fact that the values and norms of many German companies in the NAZI era resonated with societal values and norms is not to say that the managements should have sought to fit organizational values and norms with NAZI values and norms. The field of business & society, which is oriented to the degree of fit that exists descriptively between a company (or the business sector) and a society (or internationally-held values and norms), is thus distinct from business ethics, which is oriented to providing ethical justification for what managers and companies should do. With regard to the former field, companies can orient themselves even closer to societal values and norms than by providing value to customers and even taking other stakeholder interests into account by being primarily oriented to taking on a serious societal or global problem. In terms of business ethics, such an orientation can be said to be one that a company should have because an unusual number of people (even beyond customers and other stakeholders) could receive an unusual amount of value. Climate-change is such a problem, and Heliogen’s breakthrough exemplifies such an extraordinary mission.

Generally speaking, a mission that is primarily geared to solving a serious societal (or global) problem goes beyond providing value to customers and even taking into account the interests of other stakeholders. In such a mission, a society or even the species itself is the main recipient of the extraordinary value even though customers receive value too. Whereas the traditional business model is geared to profiting by selling value to customers, a company’s mission that is dominated by providing extraordinary value to a society or to humanity worldwide views profiting from sales to customers as a means. An opportunity cost thus exists in such a mission due to the profit forgone from customers due to the orientation being foremost to the macro problem.

Even though spending capital to solve a macro problem is not the same as paying externalized costs of the problem, an opportunity cost can arise if the net present value of the profits in the long-term is less than the R&D spending up-front. Even if the mission fits within the traditional business model (i.e., the net present value is more rather than less), the risk taken on because the substantial R&D outlays are not met with immediate profits can be said to be an opportunity cost in pursuing an intractable societal or global problem by coming up with a breakthrough. The opportunity cost can be viewed as paying such that future externalized costs of the problem will not occur. Of course, if a company solves the entire problem, rather than merely reducing that which has been making and would otherwise make the problem worse, most or all of the current externalized costs may disappear and thus not need to be paid. Such a company has in effect taken upon itself the relevant externalities (i.e., covering those costs otherwise left to society).

By externality, I mean a cost that under the traditional business model is borne by society (or humanity) rather than by a company or the business sector. For example, as of 2020, companies had not had to pay even a fraction of the costs of climate change even though the business sector had contributed to the problem by polluting. The default stance under the traditional profit model is typically defensive; a less common proactive stance is to reduce the company’s contribution of the problem, such as airlines did in using more efficient engines. An even less common stance is to be primarily oriented to reducing the contributions from other sources and even to solving the macro problem itself. As argued above, just the risk taken on can put this stance beyond the traditional business model. Such a stance, in being oriented beyond customers and even other stakeholders to focus on a societal problem, fits under another paradigm. This is not to say that it is based on corporate social responsibility, for a company does not have a responsibility to orient itself to reducing or solving a societal problem except as may happen as a result of providing value to customers. Indeed, a company’s founding investors and management may want to tackle a societal problem, rather than feeling obligated. In the case of climate change, the likely downside for the species already known in 2019 could be enough of a motivation even if the founding investors and management do not feel responsible for the problem.

Even though a responsibility may not pertain, the organizational values and norms of a company oriented to minimizing or solving a societal problem stand a good chance of approaching their societal counterparts—closer than from merely satisfying customers and even other stakeholders. That is to say, beyond stakeholder management, externalities management can be said to be oriented to societal (or macro) level problems. Such management had been rare, at least by 2020, because few companies had been principally oriented to societal or global problems without simply relegating them to a corporate social responsibility program as if out of a sense of responsibility. Whereas the literature on stakeholder management and CSR had been around for decades by 2020, not much was written on externalities management that subordinates profit-seeking to reducing or solving a societal problem. 
 
Management geared to externalities can be problematic, especially for publically-traded companies, whose managements are bound by fiduciary duty to look primarily at the short-term returns to stockholders. This duty is firmly grounded in property rights. Can such managements afford to put solving societal problems as foremost? Heavy R&D spending upfront with (admittedly healthy) profits only if and after a breakthrough has been invented and implemented by customers is not the typical way of attracting and retaining equity capital. Language in the charters would have to specify the primary purpose of the company as meaning that expedited profiting would be excluded or subordinated to reducing or solving a particular societal problem. A company’s default purpose is admittedly to make a profit, but property-rights give the owners (i.e., the stockholders) the right to set another purpose in place of the default, in which case investors have no reason to be upset when the purpose is pursued even at the expense of quarterly earnings and dividends.

By 2020, climate change had emerged as a major problem facing humanity with dire consequences being predicted to occur in decades rather than centuries. Heliogen, a start-up funded in part by Bill Gates, the founder of Microsoft, and at least one other billionaire, commenced as such a company oriented to inventing a product that, when sold to industrial customers, would significantly reduce carbon emissions and thus hopefully stave off the worst of the dire consequences. That is, Heliogen put its capital toward discovering a breakthrough that would reduce future externalizable costs even though the company’s high R&D costs would not be met with profits for some time. With a focus on achieving a breakthrough that would be of significant value to the world even beyond stakeholders, the company’s management must have known that profits would be long-term-oriented, rather than relatively short-term profits from incremental values sold to customers.

The secretive clean-energy company announced in November 2019 that artificial intelligence and a field of mirrors could be used together to significantly reduce greenhouse emissions by industry. The invention could generate extreme heat above 1,000 degrees Celsius—a temperature that is about a quarter of that which is on the surface of the Sun. “The breakthrough means that, for the first time, concentrated solar energy can be used to create the extreme heat required to make cement, steel, glass and other industrial processes. In other words, carbon-free sunlight can replace fossil fuels in a heavy carbon-emitting corner of the economy that has been untouched by the clean energy revolution.”[3] These industries were “responsible for more than a fifth of global emissions, according to the EPA.”[4] Accordingly, Soon-Shiong, who sat at the time on the Heliogen board, said, “The potential to humankind is enormous  . . . The potential to business is unfathomable.”[5]  Indeed, the company’s mission was of such scope, rather than merely to finding a better way to make cement and steel, that a breakthrough could result. Externalities management is geared to making an enormous contribution to humanity. Even having an unfathomable potential to other industries can be viewed as lying within the purview of such management, as distinct from stakeholder management. Of course, this is not to say that something of value would or could not be sold to customers for a profit, but the emphasis lying elsewhere makes both Heliogen and externalities management distinct.

Such a mission as does not prioritize the traditional business model can be attractive to investors who have already made their fortunes by prioritizing that model and have gone on to worry about problems facing humanity not currently being adequately addressed by business and government. Heliogen provided a way for Bill Gates and at least one other billionaire to put their wealth to use on a global problem that could even render the species itself extinct. Start-up companies can be vehicles for rich former titans to turn their attention to such serious problems with a feeling not of responsibility, but, rather, of satisfaction from having saved the species. In other words, having been satisfied by playing within the traditional business model, the aspirations of former titans can shift to the societal or global level even if without having given up profiting completely.

In the early twentieth century, Andrew Carnegie and John D. Rockefeller retired from business to turn to charities. Among other things, Carnegie sponsored a library in Pittsburgh and Rockefeller founded a university in Chicago. In fact, Rockefeller, through his foundation, gave away roughly half of his fortune.[6] Both men had been ruthless in business; whether their respective giving afterward justified their business conduct (e.g., Carnegie against labor and Rockefeller against competitors) is another question. Rockefeller went so far as to view both his monopoly and charitable giving in Christian terms. In God’s Gold, I untangle whether Rockefeller’s monopolistic tactics (i.e., his business ethic, or lack thereof) can be justified by his religious mission in business and giving. For my purposes here, it suffices to say that neither titan would have viewed his respective company and charitable giving as being oriented to making a breakthrough on a humungous global problem. Indeed, Rockefeller filtered requests for his charitable giving by how efficient the money would be used; he was primarily oriented to using his fortune to solve a hitherto intractable serious problem facing mankind as Bill Gates was. Gate’s orientation was doubtless on keeping climate change from being an existential threat to future generations.

Externalities management is admittedly not a good fit for the vast majority of companies, which are oriented to maximizing profits while minimizing risks, but not every company must be made to fit within the traditional business model. A company can be formed and utilized in a way that puts profit-making through the funnel of externalities management geared to reducing or solving macro problems. Such a raison d’etre is distinct from undertaking a social responsibility program or being motivated by a sense of responsibility because such a company is not likely to be responsible for the problem even if some of its investors, as former titans of industry, were in their “other life.” The priority in such a company is that of reducing the costs of, or solving outright, an intractable societal or global problem, rather than self-blame or blaming others. This priority is why profit-seeking is regarded as secondary.


1. Rod Burylo, The Wealthy Buddhist: Buddhist Ethics, Right Livelihood, and the Value of Money (Nepean, Canada: The Sumeru Press, 2018).
2. Ibid.
3. Matt Egan, “Secretive Energy Startup Backed by Bill Gates Achieves Solar Breakthrough,” CNN Business, November 19, 2019.
4. Ibid.
5. Ibid.

Wednesday, November 14, 2018

Thanksgiving Elipsed by Christmas: Will the Offending Businesses Go Extinct?

Even as the business-sourced encroachment of Christmas had all but eclipsed the American holiday of Thanksgiving in 2013 on account of the day falling so late in November (as if four weeks were somehow not a long enough time for gift-buying), the on-going trend (or stampede) of stores opening earlier and earlier on Thanksgiving puts the holiday itself in the cross-hairs of the retail rifles. Thanksgiving may one day be essentially extinct, and, ironically, so too might be the usual suspects--the enterprises themselves.
The New York Times reported in mid-November 2011, “Major chains like Target, Macy’s, Best Buy and Kohl’s say they will open for the first time at midnight on Thanksgiving, and Wal-Mart will go even further, with a 10 p.m. Thanksgiving start for deals on some merchandise. . . . To be at or near the front of the line, shoppers say they will now have to leave home hours earlier — in the middle of the turkey dinner for some.”[1] Of course, Wal-Mart stores would be open all day, as usual; the significance of midnight lies only in terms of the sales; the stores would still need to be staffed all day. In 2012, 10 p.m. became the new normal. Two years later, 8 p.m. (20:00h) earned the distinction. Four hours into Thanksgiving was apparently enough for Kmart to “go all the way,” opening at 6 a.m. on Thanksgiving. Old Navy extended back to 9 a.m. It is amazing how fast a trickle from a few cracks can turn into a deluge, especially when profit is the force beckoning the water down-stream. 
Resisting the smooth flow in 2011,  an apparent anti-entropic energy-attractor was on track to blaze a new path. Bill Gentner, senior vice president for marketing for J.C. Penney, refused to go along with herd down the easiest path of energy transduction, which can paradoxically render the person, species, or human organization less fit to adapt via natural selection. “We wanted to give our associates Thanksgiving Day to spend with their families,” Gentner said just before Thanksgiving in 2011.[2]  In standing on this principle, the management group at J.C. Penney voluntarily resisted the “quick buck” (i.e., pulling in money as soon as possible) and perhaps even held business calculation at bay in the face of a normative societal “constraint.” 
Lest I am “gilding the lily” (i.e., painting a halo around Bill Gentner’s head), J.C. Penny’s management may also have been seeking to amass reputational capital with the intent to “spend” it to increase sales revenue  beyond 2011. The company could then be fitter in adapting to a nonlinear (i.e., chaotic) business environment, and thus more likely to survive through the cumulative cascades of natural selection. Linking evolutionary theory to thermodynamics and applying the fused thrust to business, I contend that capturing and concentrating energy in the battery, or storage cell, of reputational capital enables a company to survive under the pressures of natural selection by functioning as a transductor of energy along a high energy gradient. 
Unlike floating down-stream with the other fish, adding to the swirling force of an eddy enables an enterprise act as a conduit on a much steeper energy-gradient. Concentrating acquired energy rather than merely passing it through as though a digestive track is requisite to taking the road less travelled down steeper energy-gradients than those in the status quo. Similar to the time value of money, the delayed gratification enabling an enterprise to ski on a steeper slope renders the organization more fit or adapted to its environment and thus profitable beyond tomorrow. In other words, functioning as an energy-conduit along a steeper gradient profits a business in terms of natural selection, and thus a more secure continued viability.[3]
Alternatively, taking the alternative route, the more convenient one, ultimately leads to extinction. Typically, convenience knows itself as a lie. For example, Holly Thomas, one of Macy’s spokespersons, wrote in an email in 2011 regarding employees working on Thanksgiving, “There are many associates who would prefer to work this time as they appreciate the flexibility it affords their schedules for the holiday weekend.”[4] As if referring to a summer baseball team rather than employees, Molly Snyder, a spokesperson at Target, said that her company does its “best to work around the schedules of [its] team members.” Nevertheless, a Target employee told me that the store managers do not in any sense do their best to accommodate exogenous schedules of the underlings. In going with a bland subterfuge rather than adapting to societal norms, Target's management put the company at odds with the principle of natural selection. 
The lure of instant gratification in lieu of reputational capital and fitness to survive the accretions of natural selection over time can easily short-circuit efforts to charge the battery at the expense of increased sales revenue in the short term. Sadly, the management at J.C. Penny succumbed in 2012 to opening stores at 10 p.m. on Thanksgiving. The following year, the company joined many others in opening at 8 p.m. (20:00h). Nothing punctures a pressurizing balloon quite like that the piercing edge of hypocrisy. Put another way, having stores open on Thanksgiving evening not only cuts into or even eliminates Thanksgiving dinner (i.e., in the evening) for many store managers and non-supervisory employees, but also sends the passive-aggressive message that they don’t count after all. Actions speak louder than words. 
So J.C. Penny’s management wimped out, or lapsed back to the bottle yet without hitting bottom. Being less fit than otherwise to navigate the turgid currents in natural selection over the long term, the retail giant risked being caught unaware should a careening stone hit a sweet spot from a smaller foe releasing a burst of (stored) potential energy to take advantage of a steep energy gradient. From this tale, we can now recognize the tyranny of the road most traveled as a well-worn, deep-rutted path of self-destructive (i.e., dysfunctional) business strategy. In other words, business as usual is woefully far indeed from good business management. Nevertheless, the vast majority of management groups in companies are under the false impression that scientific management has optimized modern management. While technical coordination aimed at the perfection of efficiency is important to a business functioning as an energy-attractor and transductor along a steep slope, the size and depth of the shared blind-spot bewilders me and beguiles the pro-business American society at large. If I am correct, business could be done much, much better.
 
1. Stephanie Clifford, “Thanksgiving as Day to Shop Meets Rejection,” The New York Times, November 11, 2011.
2. Ibid.
3. William C. Frederick, Natural Corporate Management: From the Big Bang to Wall Street (Sheffield, UK: Greenleaf Publishing, 2012).
4. Hadley Malcolm, “Black Friday Backlash as Stores Add to Thanksgiving Hours,” USA Today, November 15, 2011.

Friday, October 5, 2018

BP's Criminal Guilt in the Deepwater Horizon Oil Rig Disaster

More than two years after the worst oil disaster in U.S. history, BP agreed in 2012 “to accept criminal responsibility for the . . . disaster that killed 11 workers.” What does it mean for an association to “accept criminal responsibility”? The notion seems unwholesomely anthropomorphic, if not chimeric in nature. Taken even just practically, holding a corporation itself criminally responsible may not be make sense, even as a deterrent. I contend that the notion of criminality applies only to human beings, whereas civil charges are suitable for associations including corporations.


From a corporate perspective, criminality would of course be viewed in financial terms, ideally from the standpoint of the financial welfare of the stockholders. Accordingly, the “criminal responsibility” translates into $4.5 billion in “fines and restitution.” The figure includes nearly $1.3 billion in criminal fines. The settlement includes payments of $2.394 billion to the National Fish and Wildlife Foundation, $350 million to the National Academy of Sciences over five years, and $525 million to the Securities and Exchange Commission for having misled investors by lying to Congress. The fines relate to BP pleading guilty on 11 felony counts of misconduct or neglect of ships officers, one felony count of obstruction of Congress and one misdemeanor count each under the Migratory Bird Treaty Act and the Clean Water Act. The 11 counts related to the workers' deaths are under a provision of the Seaman's Manslaughter Act.
It is the outflow of cash, rather than “pleading guilty” to 11 felony counts of “seaman’s manslaughter” relating to the deaths of the 11 workers onboard the rig and one felony count of obstruction of Congress in providing false information on the rate that oil was gushing from the deep-water well, that “translates” directly into corporate terms. During the three months in which the well was gushing uncontrollably into the Gulf, the U.S. Government relied on BP for accurate information on the rate of output, and the company executives in turn were aware of this reliance and yet chose to lie—misleading investors as well as the U.S. Government. It could be argued that the fines are essentially the same as pleading guilty, but then such fines are generally perceived as qualitatively different than those in the civil cases against BP. It is this qualitative distinction that does not translate into a business calculus other than in terms of the negative financial impact in terms of reduced reputational capital from headlines such as, “Oil Giant to . . . Plead Guilty to Criminal Charges.” What really registers in the bewindowed albeit closed offices at BP is the “to Pay $4.5 Billion” part of the headline.
Fundamentally, a company’s management is geared in its very perspective to the interest of the company, and ideally its stockholders, rather than to the business environment, even when the company has created harm to the latter. How does a corporation even accept responsibility for something like manslaughter or lying? It is not as though an organization has a mind, much less a conscience. A business mindset is more like that of a shark—a feeding machine. It does not make sense to hold a shark responsible; it can only be kept out of Sydney’s swimming areas, for example, by nets.
Organizations are basically the people who run and operate them. “Company” is actually a plural noun, as in “a company of men.” Accordingly, the individuals who formulate, sign off on, and implement a policy, procedure or decision that results in harm to others (or the environment) can and should be held criminally responsible. Put another way, human beings rather than associations can feel punishment and thus can be subject to it.
Fortunately, besides the criminal settlement, “three former BP employees were charged by a federal grand jury with felonies in the incident, two of them for allegedly failing to carry out a critical safety test properly” and “to alert onshore engineers to problems with the drilling.” The two oil well supervisors were charged with 11 counts of “seaman’s manslaughter,” 11 counts of involuntary manslaughter and one violation of the Clean Water Act. The third, “David Rainey, BP’s former head of Gulf of Mexico exploration, who took a lead role in the disaster response, was charged with obstruction of Congress and making false statements to a law enforcement officer for allegedly lying about how much crude was spewing from the well.” Unless decided on his own to lie, others at BP should have been charged criminally too.
The fact that criminal charges were made against particular persons at BP is extremely important, both in itself (i.e., justice) and as a deterrent. Two years after the disaster, BP was still the largest oil producer in the Gulf of Mexico. Additionally, the oil giant was exploring for oil and gas in Texas, Oklahoma, Arkansas, Louisiana, and Ohio. The company would likely have to send executives to the Hill to testify in the future, and those executives should know that they could go to prison for deciding to lie or even “just following orders” to mislead Congress.
As for the criminal fines, they may actually be insufficient financially, given the wealth of the oil giant. The $4.5 billion is merely 17% of the company's profit in 2011 alone. To cover most of the cost of the criminal fines, the company simply sold its Texas City, Texas refinery—where fifteen people had been killed in an accident in 2005—for $2.5 billion. Meanwhile, the multinational company was able to maintain “strategically important” refineries in Washington, Ohio and Indiana in the U.S. alone. Although “leaner,” the well-publicized company might even benefit in terms of public relations in the future from being rid of the sordid refinery in Texas.
To be sure, the civil claims pending at the time could include up to $20 billion under the Clean Water Act if the company is held grossly negligent (i.e., “conscious and voluntary disregard”). Additionally, the company has spent about $14 billion on spill response and clean-up and more than $9 billion in claims to business and individuals. A related claim was up to $7.8 billion when BP announced the criminal settlement in late 2012. Also, Louisiana, Mississippi, and Florida were suing BP for civil fines. Clearly, these fines dwarf the monetary element of criminality. I contend that the other elements of criminality do not register at the company level.
In spite of having agreed to have BP plead guilty, the company’s executives did not seem particularly interested in admitting guilt. "We believe this resolution is in the best interest of BP and its shareholders," said Carl-Henric Svanberg, BP's Chairman. "It removes two significant legal risks and allows us to vigorously defend the company against the remaining civil claims and to contest allegations of gross negligence in those cases." This is hardly an acknowledgement of criminal guilt. Rather, it is a statement of how the settlement benefits the company! This is like boy sent to his room as a punishment bragging about being able to play video-games from his bed. Surely his mother hearing this would wonder whether she had in fact just punished her son or rewarded him for bad behavior.
From BP’s standpoint, the decision to plead guilty on criminal charges was done in the best interest of the shareholders by reducing legal risk. This is not to accept and acknowledge being blameworthy in a criminal sense. Accordingly, on the day in which the criminal settlement was announced, shares of BP actually rose 14 cents, ending the day at $40.30. Relatedly, the Journal reports that analysts “reacted positively to BP’s settlement of its criminal liability.” There is no sense in this reaction of how you or I might react to a person who “pleads guilty to criminal charges.” We would not exactly buy stock in that person. A company is different—it is a financial machine wherein a settlement that provides a ceiling on the cash to be spent translates as “limiting legal risk.”
In my view, the various civil fines are what must have registered at the company level at BP because of the sheer amount of cash involved. It can be asked from this case whether it even makes sense to hold a company criminally guilty. “Fighting crime” could be more focused against the persons involved—expanding what counts as who is “in the know” on a given policy or a decision that harms others—while the monetary aspect to a company is in civil crimes.
Alternatively, if a corporation truly is to be held criminally guilty in a given country, then it would seem to me that “going to prison” would mean that the company could not do business inside or even with that country or its businesses during the length of its sentence. Lest it be answered that an oil giant would hardly agree to a settlement under those terms, I answer that criminals don’t necessarily agree to plead guilty and there is, after all, the alternative of a criminal trial and verdict. A company being found guilty rather than agreeing to plead guilty deprives it of its share of control while still implying the ethical obligation to admit rather than deny the guilt implied in the verdict. In short, either being criminally guilty should mean something besides reducing legal risk (i.e., something bad ) or concept should not apply at all—to companies, that is.

Sources:

Michael Kunzelman, “BP Oil Spill Settlement Announced,” The Huffington Post, November 15, 2012.
Tom Fowler, “BP Slapped With Record Fine,” The Wall Street Journal, November 16, 2012.
Angel Gonzalez and Daniel Gilbert, “Accident Fails to Dent British Firm’s Ambitions in U.S.,” The Wall Street Journal, November 16, 2012.



Monday, May 28, 2018

Extrapolating from the Arab Spring to Corporate Social Responsibility


Richard Branson, founder of Virgin Atlantic and a myriad of other companies, sees a natural extension or follow-through from the pro-democracy protests in the Middle East and North Africa to more corporate social responsibility. As much as I would like to think that the twenty-first century proffers a new world, I think we have to acknowledge the weight of the political, economic and social strictures that we have uncritically inherited.

According to USA Today, “Branson says it took him seven years to realize businesses are part of the problem as they focus narrowly on profit and exhaust natural resources. Now, he believes the world has changed in the last several months, with revolutions in the Middle East, the earthquake and tsunami in Japan, riots in London, famine in East Africa, and debt crises around the world. He quotes the band REM: "It's the end of the world as we know it … and I feel fine." Seven years? Branson has been thinking on all cylinders. Even if businesses are not part of the problem, the default of business is to make profit by turning resources into products to be consumed. This is the raison d’etre (i.e., the reason for being) of the modern corporation. Viewing its inherent function, as per its design, as part of “the problem” may simply be due to the sheer magnitude of a large corporation’s operations. In other words, a large foot is apt to leave a large footprint.

Moreover, changes in government, protests, natural disasters and a systemic overreliance on debt-financing by governments do not necessarily mean the end of the world as we know it. I wish this were so, but people in power have a nasty habit of retaining it, even if under subterfuges if necessary. For example, the military rule in Egypt at least as of the beginning of 2012 may put the “revolution” in 2011 in perspective. That is to say, the old guys are still in charge, so how much of a revolution was it? Furthermore, it would be naïve to believe that the corrupt relationship between business and government in Japan has been expunged by the post-tsunami clean-up. It is doubtful, for example, that TEPCO has been born-again as if baptized by the tsunami. 

The larger point Branson is making in his statement is that corporations will no longer be part of the problem because the world as we know it is no more. He cites several instances of corporate social responsibility to make his point. However, the business of business is still to make money, and much of CSR is still essentially marketing writ large. Without changing the design in corporate law, it is foolhardy to believe in a brave new world of corporate capitalism. It is at the very least a stretch to assume that pro-democracy protests or changes in government will somehow convince business executives to engage in CSR. Even in terms of corporate or “stakeholder” democracy, the linkage is tenuous because the expectation that governments should be democratic does not extend to corporations because the two are typically viewed as different domains. So to Branson, I would say, nice job with your companies and even on CSR, but let’s not get carried away on some jet to nirvana. As much as we would like to see the world remade rather than carrying on with baggage from the twentieth-century, we would get further toward this goal by keeping our legs on the ground.

Source:

Kathryn Caravan, “Branson’s ‘Screw Business As Usual’ Has High Points,” USA Today, January 23, 2012. 

Friday, May 18, 2018

Naked Royalty: Prince Harry and the Sun

In publishing naked pictures of Prince Harry on holiday in Nevada, the Sun in Britain ignored the warning from the press watchdog that had warned the Sun that it would be breaching a privacy provision in the state of Britain’s press code. That the warning followed an appeal to the Press Complaints Commission from St. James’s Palace, which is Prince Charles’s home and office in London, suggests that the warning came from “the firm” itself to protect one of its own.

                   
A naked royal hits the newsstands in Britain.         Tony Melville/Reuters

As for the Sun, the value in printing pictures that had already been widely published by TMZ and other parties on the internet may lie more in revenge than in a bump in immediate revenue. If so, it is nonetheless striking that the Murdoch paper would defy the palace in the wake of the government investigation of phone-hacking and illegal payments to police employees and public officials centered on Murdoch. In ignoring the warning, he might have been giving the state the finger (i.e., payback). Given the charges against one of Murdoch's tabloids, the publisher's motive could not have been moralistic.

“The Sun is not making any moral judgment about Harry’s nude frolics,” the newspaper said. “Far from it. He often sails close to the wind for a royal — but he’s 27, single and a soldier. We like him.” Indeed, as a single man at the peak of his physiological prowess, Harry Windsor should not be expected to conduct himself as would be fitting for an eighty-five-year-old monarch. 

A few weeks after Harry's pictures were published, Kate Middleton awoke to find topless pictures of herself published on the front page of an out-of-state tabloid. She had been on holiday at a secluded house in the south of France with her husband, Prince William, who promptly began efforts to sue the publication after learning of the pictures. The editor of the tabloid then hinted that she had pictures of the royal couple engaged in sex while at the house. 

Again, the issue is not so much of morality, but, rather, of the right of privacy of not just public figures, but members of a head of state. When not engaged in duties or otherwise in public, such members (and perhaps the problem is to have an entire family included under "head of state," but such is the nature of royalty) are, after all, people. As human beings, they need and deserve some privacy at the very least to unwind. Considering the arrogance that can come with celibrity, it is in our interest that public figures are grounded in some sense of a normal existence, at least periodically. In fact, the whole royalty thing can be regarded as artificial--that of placing a few human beings so far "above" the rest. The gulf from God to man dwarfs any distance we think we see between ourselves. Indeed, perhaps the distance we create and enforce between ourselves is that gulf between humanity and God.

Moreover, it goes against the Golden Rule to cause another person to feel shame for something that is rather normal in ordinary life. Young people have parties, and newlyweds should feel secure in being intimate with each other or at the very least "letting their hair down" when it is reasonable to assume they are alone and "on their own time." Staking William and Kate out--spying on their private affairs--is underhanded and violates their right to "normal lives" as much as is possible given their "jobs." In other words, the press over-extend the artificial life of celebs and thus violate the human persons themselves. We ought to be encouraging celebs to be down-to-earth and we should relate as much as possible to them as we do to other people in our everyday lives. I have little interest in meeting a royal at a "function," but I would enjoy chatting under normal conditions with one. Fundamentally, celebs are simply other human beings, and I suspect that they crave to be treated as such. At least this is what I have found in talking one-on-one to a few during their "off-time." Tim Russert, the late host of NBC's political talk-show, "Meet the Press," was for example incredibly down-to-earth in chatting with me in a hallway before he was to speak to a group. Our impromptu chat was spontaneous and natural. In making such normal interactions more difficult by violating privacy, the press extenuates artificiality at the expense of that which is natural. There is already far too much social distance between human beings; we don't need to encourage it by making people who are well-known afraid of people. 

Sources:

John F. Burns, “Murdoch Paper Defies a Warning and Exposes Prince Harry,” The New York Times, August 24, 2012. 

Scott Sayare, "French Court Rules Against Magazine on Royal Photos," The New York Times, September 18, 2012.


Friday, March 23, 2018

Corporate Social Responsibility Is Not Altruistic: The Case of Amazon Prime

In a doctoral seminar on corporate social responsibility (CSR), the professor turned to me, perhaps because by then I was also taking courses in the religious studies department, and asked, “What is enlightened self-interest?” In my answer, I argued that such self-interest is distinctly oriented to the long-term, rather than, for example, immediate profits. Alternatively, I could have stressed the ethical connotation of the word, enlightened, but the self-interest component would seem to invalidate an ethical basis. In line with the notion of love as caritas, which is human love (eros) sublimated up directed to God, as distinct from agape, which excludes lower, self-interest inclusive, love, doing good can go along with long-term self-interest. In other words, doing good has value because good is done even if self-interest is salient in the motive. In regard to CSR, the self-interest that coincides is long-term-oriented. Amazon, for instance, giving the poor (i.e., Medicaid recipients) 50 percent off on the monthly charge for Amazon Prime is in line with gaining full-paying customers eventually, for it usually takes a while for poor people to move up the economic ladder. 
In 2017, Amazon made discounts of an almost 50 percent discount on Prime memberships available to people receiving “food stamps.” The following year, the company expanded its reach to customers by giving the discount to people with Medicaid medical insurance. The first step to increasing a standard customer base is to reach out to people who would not become customers without an additional incentive. Amazon’s management wanted “to gain more market share among low-income consumers and those without access to traditional banking and credit.”[1] The company was betting that a significant enough percentage of the discount-taking customers would eventually have enough wealth to access banking that they could pay the full monthly price. I suspect that a manager “ran the numbers” based on an estimate of that percentage and set the discount accordingly as a break-even point.
That Amazon’s management was likely geared to the company’s long-term financial interest in terms of market-share generally and turning impoverished people into full-paying customers more specifically does not mean that societal good was not enhanced, for the purchase power of the poorest of the poor could be expanded. The good, in other words, lay in the added utility, and this is a significant ethical good, for the poorest, I can attest, suffer unrelentingly with the hardships of poverty. Not even hard work can result in appreciable change in terms of income and wealth. The poor benefitting from Amazon’s discount justifiably don’t care whether the company’s management extended the offer in order to gain market-share.
A company’s enlightened self-interest in CSR does not mean that good is not done. Its “certainly the case that we’re hoping to create some lifetime Prime members here,” a program manager at Amazon said when the expansion to Medicaid occurred in 2018.[2] The company was positioning itself to go head to head with Walmart. Amazon was clear that it was “making this move for business reasons, not for altruism, but”—and here is my point—“that doesn’t mean it won’t help people,” said Avi Greengart, an industry analyst at a marketing research firm.[3] Altruism may actually be quite rare, or even non-existent in its pure form, in human nature even as it appreciates the good. 
Caritas is much more realistic than agape. It is for this reason that the latter is designated as divine love—the self-emptying (hence selfless) love that a deity not having a human nature has. In Christianity, Augustine and Calvin emphasize in their respective writings that God is love. These theologians differed, however, on whether it is too much to ask humans to have and display selfless (agape) love rather than merely self-interest-infused love aimed high to God (caritas); Calvin was more idealistic in this respect. 
Doing good in the sense of improving the lot of other people applies to not only the Christian notion of neighbor-love, that is, caritas seu benevolentia universalis, but also simply wanting to make a positive impact society. Self-interest is more salient in the latter--that is, doing good ethically in the absence of love, but this does not mean that good is not done, even if as a byproduct. This brings us back to corporate social responsibility, realistically construed.



1, Elizabeth Weise, “Medicaid Recipients Can Get Discount on Amazon Prime,” USA Today, March 8, 2018.
2,  Ibid.
3, Ibid.

Tuesday, September 27, 2016

Facebook’s Zuckerberg Donates $3 billion to Medical Science: Some Major Implications

Facebook’s CEO, Mark Zuckerberg, and his wife, Priscilla Chan, announced in September, 2016, that they would invest more than $3 billion during the next decade to build tools that can facilitate medical research on diseases. The first outlay of funds ($600 million) would create a research lab of engineers and scientists from the area’s major research universities.[1] “This focus on building on tools suggests a road map for how we might go about curing, preventing and managing all diseases this century,” Zuckerberg said at the announcement.[2] Moreover, the couple had previously announced a year before that they would give away 99% of their wealth over their lifetimes through the Chan-Zuckerberg Initiative in the areas of education and healthcare. I would like to point out a few implications that may not be readily apparent.

Firstly, such funds going to preventing and curing disease could bring the day nearer when—along with advances in anti-aging and stem-cell research—death is no longer inevitable for a human being. Even before the Zuckerberg-Chan announcements, some scientists were openly predicting that that day might come as early as the 2050s. To be sure, being able to grow replacement organs, apply an anti-aging treatment to the body’s cells, and prevent major diseases (I suspect the common cold will still be around, just to keep us humble) does not guarantee that death will be put off; running into a train or bus, or jumping off a high building could still mean death. Nevertheless, the notion that death can be put off indefinitely dwarfs the combined impact from all the twentieth-century’s technological progress put together.

Considering the costs involved, access to rendering death no longer inevitable would doubtlessly raise ethical issues in terms of the distribution. Moreover, ethical questions would suddenly arise concerning the species’ increasing population and reproduction-rights. Secondary issues such as climate change could become even more pressing. It could be, for example, that a drastically increasing human population outstrips the planet’s food-capacity as well as the capacity of the atmosphere to absorb the species’ waste, including greenhouse gases. It would be highly ironic were the feat in removing the threat of death a major contributor to the extinction of the species. In short, the story could go as follows: we maximize our species’ size—which means success genetically—only for the increased numbers to cause extinction because the climate is no longer hospitable to human habitation or the lack of food causes wars ending in nuclear war. The first alternative would be particularly likely.

Secondly, that the couple could give up 99% of their wealth over their lifetimes may imply that they will have earned too much money, if being able to use it is at all relevant. Put another way, being able to give away almost all of their total earnings may suggest that they (namely Zuckerberg) earned too much. Does it even make sense for someone to get money that is beyond the capacity to be spent even through inheritance?

One implication is the question of whether Zuckerberg’s employees at Facebook should get a significant amount of what Zuckerberg earns, whether in salary or stock. Why such a huge difference in compensation? To be sure, ownership does have its privileges, but is there no limit? The fact that Zuckerberg, Bill Gates, and Warren Buffet could give vast sums of money to charity raises the question of whether founders and CEOs shouldn’t face some limit in terms of wealth, with a progressive tax system kicking in for multi-billionaires. Were elected representatives to decide how such vast sums should be spent, the legitimacy of the power behind such a decision would be greater.


1. Deepa Seetharaman, “Zuckerberg Fund to Invest #3 Billion,” The Wall Street Journal, September 22, 2016.
2. Ibid.

Saturday, August 22, 2015

Humans As the Intense Predator: Unbalancing the Food-Chain Unsustainably

By 2015, humans—the homo sapiens species in particular—had become “the dominant predator across many systems”; that is to say, the species had become an unsustainable "super predator."[1] We have had a huge impact on food webs and ecosystems around the globe.[2] Moreover, we have been using more of the planet's resources than we should. By August 2015, for example, humans had already consumed the year's worth of the world's resources.[3] In terms of fossil fuels, the consumption has had an impact on the warming of the Earth’s atmosphere and oceans. Behind human consumption are human beings, so the astonishing increase in human population is a major factor. As a virus-like species incredibly successful genetically over the previous five-hundred years, the self-maximizing feature both in terms of population ecology and profit-maximization may be the seed of the species destruction, and thus long-term genetic failure.

According to one study, humans are "particularly intense" when it comes to hunting, and have used powerful killing technology (trawl nets, guns and mechanized slaughterhouses, for example) to dominate other predators. [4] 

Large-scale fishing does not distinguish between fertile adults, weak fish, and the young. (James Watt: Getty Images)

With the efficiency (i.e., profitability) of large-scale fishing businesses, we remove fish at 14 times the rate of marine predators.[5] The research confirms what many scientists had warned for years: If we don't stop overfishing, we may soon run out of animals to catch. The study reports that many fish populations had already been hunted to the brink of collapse, shark populations decimated, and less than 8 percent of southern bluefin tuna left. [6] On land, humans had been killing top carnivores, such as bears, wolves and lions, at nine times their own self-predation rate.[7] By 2015, the food chain as a whole had become terribly unbalanced that thus unsustainable as a whole.

Applying business-efficiency principles to hunting, we can capture adult prey at minimal cost, and so gain maximum, short-term reward. The cost being minimized is both in terms of business and the species. Of the latter, Chris Darimont of the study points out that "advanced killing technology mostly excuses humans from the formerly dangerous act of predation." [8] Because hunters “’capture’ mammals with bullets, and fishes with hooks and nets. . . [Humans] assume minimal risk compared with non-human predators, especially terrestrial carnivores, which are often injured while living what amounts to a dangerous lifestyle."[9] To be sure, working on the deck of a commercial fishing boat in the north Pacific is one of the most hazardous jobs around, but the fishing businesses can externalize at least some of the cost (e.g., insurance).

Even so, by not applying principles from population ecology, the businesses engaged in hunting, fishing, and farming animals have been undermining efficiency, and thus profitability. The study claims that besides the sheer number of animals that humans kill for food being problematic—56 billion farmed animals were at the time being slaughtered annually, “(h)umans focus on adult prey, unlike other predators. A full-grown lion, for example, often opts for the smaller, weaker juvenile zebra rather than an adult. This distinction makes it harder for animal populations to recover as breeding members are removed.”[10] Presumably recovering populations are in line with sustainable profitability.

Tom Reimchen, a co-author on the study, “uses a financial analogy to explain the damaging consequences of hitting adult populations hardest. He calls the adults the system's ‘reproductive capital’—the equivalent of the capital held in a bank account or a pension fund. And he says we are eating into this capital when we should really be living off the interest—the juveniles, which many species will produce in colossal numbers, expecting a good fraction to be doomed from the moment they are born via predation, starvation, disease, accidents and more.”[11] “We are dialing back the reproductive capacity of populations," Darimont said. [12]

The doubtlessly unintentional self-defeating strategies of the businesses mirrors that of the species itself, in that the failure to be prudent in terms of population growth is also self-defeating because the ecosystems, including the Earth’s atmosphere and oceans, get breached beyond repair in terms of being able to sustain our species when it is essentially a maximizing variable rather than tending toward an equilibrium. In short, the wise human species—homo sapiens—is not so wise, after all.




1 Chris Darimont et al, “The Unique Ecology of Human Predators,” Science, Vol. 349, no. 6250, pp. 858-860.
2 Ibid.
3 Jonathan Amos, “Humans Are ‘Unique Super-Predator’,” BBC News, August 20, 2005.
4 Nick Visser, “Thanks Humanity. Now We’re Unsustainable ‘Super Preditors,” The Huffington Post, August 21, 2015.
5 Amos, “Unique Super-Preditor.”
6 Visser, “Thanks Humanity.”
7 Amos, “Unique Super-Preditor.”
8 Ibid.
9 Ibid.
10 Visser, “Thanks Humanity.”
11 Amos, “Unique Super-Preditor.”
12 Visser, “Thanks Humanity.”