Business Law and Ethics
Name
Institution
Business Law and Ethics
Question 1
Kantian ethics: Chocolate manufacturers should not use cocoa beans that are manufactured by enslaved children according to Kantian ethics. The principles of universal acceptability and respect are defied in the process of cocoa farming. Slavery has been abolished globally and constituted in the bill of rights. Child slavery used as a means to obtain cocoa for chocolate production is morally wrong. Despite the economic gains accrued from the use of slaves Kantian, ethics focuses on whether the action is morally right or wrong. The economic gains are thus less important compared to respecting the rights of the children involved. In addition, the children are not respected because of the force and torture used against them. Universal laws of respect advocate for the fair and equal treatment of all individuals. Chocolate manufacturers have the moral obligation not to use cocoa beans that are provided by farmers who enslave and torture children.
Virtue ethics: Virtue ethics dictates that the chocolate companies should not use cocoa from farmers employing forced labor. This is because the virtue of care is defied by the cocoa farmers. Cocoa farmers are more concerned about securing their economic needs that they mistreat and enslave children. Cocoa farmers torture and mistreat enslaved children leading to their death. The farmers should have the responsibility to ensure that their farming practices comply with the law, which includes caring for employees. Absence of virtues promotes the extremity of vice by the individual (Fisher & Lovell, 2013). Farmers demonstrate the vice of deficiency with respect to compliance to law. They show absolute injustice with regard to law and care for the children. However, the Chocolate companies should exercise care ethics through enforcement of controls that limit farmers from the use of child slaves.
Utilitarianism: The four main stakeholders in the cocoa market are cocoa farmers, child slaves, chocolate companies and government (Ivory Coast and Ghana). The main beneficiaries of the cocoa market are chocolate companies, cocoa farmers and host governments in Western Africa. The greatest happiness is achieved by these beneficiaries at the expense of the child slaves. Child slaves reduce production costs for farmers who in turn sell cocoa to chocolate companies at a fair price. Host governments benefit from the revenue from these stakeholders. Revenue accrued from cocoa is used in the national budget to develop the state. From a utilitarian approach, child slavery in cocoa farms is ethical. Total net happiness favors the use of child slaves in the farms. Children and laborers are minor actors as stakeholders in the system. The minimization of the moral rights of the children leads to the maximization of utility for coffee farmers, chocolate companies and host governments. Chocolate companies should use the cocoa produced from child laborers from a utilitarian perspective.
Question 2
I was in stage 5 because of “social contract and individual rights” (Low, 2013). The laws dictate that I should buy certified chocolate. I follow the law and encourage my friends to comply. I picked this stage because certification of chocolate was established as a system to ensure that the cocoa used in production of chocolate is not harvested from slave laborers. Stage 5 relates to my situation because system of certification was established under a social contract. In addition, certification complies with the laws that are based on the values of justice and fairness. Certification promotes fairness and rights of children used in slave labor. I also do not follow the majority opinion from my friends to buy chocolate that is not certified. My friends have the popular opinion to buy cheaper uncertified chocolate. I also uphold the rules despite pressure to buy cheaper uncertified chocolate that will save money.
Question 3
(a) i
Chocolate manufacturers have the social responsibility to prevent slavery in the chocolate industry. The let-the –government –do it approach cannot prevent child slavery. This argument is based on the approach that the role of business is economic and corporate organizations should be perceived as agents of morality. The government is expected to regulate and establish standards of morality and social wellbeing. However, governments have signed treaties and established laws against slavery. Credibility among governments to fight slavery is also questionable (Shaw, et al, 2013). Government officials have the responsibility to comply and implement laws without compromise. Compliance to the anti-slave laws especially in Ivory Coast is negligible.
Law enforcement is ineffective and officials accept bribes from slave traders. Lack of government officials also limits implementation of anti-slave laws. Farmers continue to enslave and torture children without monitoring from government officials. Slave trade cannot be prevented by the government alone. Collaboration between the governments and chocolate manufacturers is important to fight the menace. Corporate entities should undertake other obligations despite the need to increase profits. Chocolate companies can establish programs and activities to lobby governments to make laws on slavery effective. Farmers should also be forced to comply with limitations set to farmers that break the laws. Lobbying for individual rights and increasing awareness in the region is part of the approach to fight slavery (Tittle, 2000).
(a) ii
Chocolate companies promote social programs in other programs globally. The profits accrued from the sale of chocolate products are used in corporate social programs and activities (Brenner, 2000). These programs involve the environment, education, women empowerment and improvement of standards among societies. Environmental degradation has increased in recent years. Degradation affects local communities and heightens health risks. Companies in the chocolate industry such as Hershey recognize the need to protect the environment (The Hershey Company, 2013). Part of the organization’s strategy is to use environment friendly energy and waste reduction. Manufacturing waste from the organization is removed from landfill disposal. This will prevent pollution that destroys the environment.
(b)
Nestle has taken an ethical approach towards the concept of social corporate responsibility. The ethical approach was undertaken in recognition of the poor conditions that cocoa farmers acquired their produce. An ethical approach considers the moral implications of an activity. The corporation subordinates the interest to increase profits and promotes social interest. Nestle Action Plan uses the recommendation from FLA in implementing an ethical approach. Nestle recognizes that child slavery is morally wrong and unlawful. In addition, child slavery violates individual rights and liberties. This sets the basis of its responsibility to deal with the underlying problems that lead to child slavery. Nestle also uses this approach to promote sustainable development in the affected communities. This will help the corporation to establish a relationship with the local communities in the area that are affected.
References
Brenner, J. G. (2000). The emperors of chocolate: Inside the secret world of Hershey and Mars. New York: Broadway Books.
Fisher, C & Lovel, A. (2013). Ethical Theories and How to Use them.
Low, R. (2013). Business Law and Ethics. Qld: John Wiley & Sons
Shaw, W et. al. (2013). Moral Issues in Business. Australia: Cengage learning.
The Hershey Company. (2013). Corporate Social Responsibility: CSR Report. Retrieved from www.the hershycompany.com.
Tittle, P. (2000). Ethical issues in business: Inquiries, cases, and readings. Peterborough, Ont: Broadview Press.