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This paper argues that corporate Codes of Ethics lose their ability to further moral responsiveness because of
the narrow instrumental purposes that inform their adoption and use. It draws on Jacques Derridas reading
of Emmanuel Levinas to argue that, despite the fact that all philosophical language entails a certain violence,
corporate Codes of Ethics could potentially play a more meaningful role in furthering ethical questioning
within corporations. The paper argues that Derridas reading of Levinas notion of the third could
precipitate the emergence of a broader sense of ethical responsibility towards multiple others within
corporations. Codes may also present the opportunity for corporations to engage in the reconsideration of
their own purposes in the light of questions of justice towards multiple others. How these changes in the
establishment and use of Codes may be accomplished is explored towards the end of the paper.
The question
Corporate Codes of Ethics can be dened as written
documents in which corporations make explicit their
normative commitments. Therefore, when read as a
critical statement, the title of this paper may strike
the reader as strange. Why would anyone want to
question corporate Codes of Ethics? Surely, corporate Codes of Ethics (hereafter simply referred to as
Codes) are helpful in establishing the ethical
commitments of corporations and serve to guide
all stakeholders in terms of what should be
considered acceptable behavior. This paper will
argue that, unfortunately, even the best intentions
fail in the process of Code formulation and
institutionalization and that it is sometimes precisely
through these processes that moral responsiveness is
lost. There are therefore good reasons to question
the existence of these documents.
In what follows, it will in fact be argued that
Codes may perpetuate a questionable instrumentality that may undermine rather that further ethical
responsiveness. I will not stop there, however. The
hope of this paper is that, in questioning Codes of
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Journal compilation r 2010 Blackwell Publishing Ltd., 9600 Garsington Road,
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have to address is the relationship between philosophical language and the ethical questions that exceed
it, between the tradition that informs and enables
the thinking that takes place within it and the ethical
imperative that cannot be contained within it and
yet cannot be spoken without it.
Emmanuel Levinas provides us with ways to
articulate the problem with philosophical language,
and with codes. Instead of allowing us to focus only
on the ontology of the said, Levinas wants to draw
our attention to the temporalization of the ethical in
the saying. Ethics happens in the saying that takes
place in the process of responding to the face of the
Other (Levinas 1985: 42, Levinas 1993: 141142). In
establishing the said in strictly ontological terms, as
all ethical language does, the ethical is lost. Such
statements must hence be undone, at least in
principle. Just as the face of the Other is the origin
of philosophical language, so the Other, and other
others, can only be made intelligible through
philosophical language. However, philosophical
language has a severely cracked surface, and it is
in and through the cracks that experience is silently
revealed (Derrida 1978: 112). Encountering the
ethical demand of the Other means that we nd
ourselves responding to this demand in the language
by which ontology is established and justice (or
some form of it) is procured.
Derrida explores Levinas concept of the third to
discuss the relationship between ethics and politics.
The third, and the question of justice, emerges from
the rst instance in the face-to-face encounter, as
any response to this encounter presupposes language
(Derrida 1978: 119120). When the face-to-face
relationship between me and the Other precipitates
a consideration of all the other others who have to
be included in the ethical demand, I am in fact
considering the question of justice (Naas 2003: 104).
Derrida (1997: 60) makes it clear that the emergence
of the question, of the third, of justice, is not to be
understood as an alternative, or as a second step in a
sequence of events. In Derridas (1997: 60) words:
They do not wait; they do not wait for one another.
It is the divergence or the difference between these
two orders that makes the welcoming possible, but
yet they occur simultaneously. The question of
justice emerges from the rst instant, in the faceto-face encounter with the Other. This happens
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Responsiveness
This new understanding of corporate agency has
further implications. It requires an interrogation of
the relationship between the universal demand for
justice and the contingent moral responsiveness that
justice requires. Simon Critchleys (2004: 178)
discussion of the distance between Derrida and
Levinas, as it becomes evident in Adieu, sheds light
on the way in which Derrida views the interaction
between what is possible in terms of historically
contingent ethical responsiveness and the universal
ethical demand, which could never be fullled.
Derridas insights challenge us to rethink the
relationship between the ethics of hospitality, or
the innite ethical demand of the Other, and the
politics or law of hospitality. Derrida (1997: 115)
explains that ethics enjoins a politics and a law.
However, the political and juridical content always
remains undetermined or still to be determined
beyond the conceptual frameworks that our knowledge structures afford us. This can only be done
through each unique persons singular response to a
specic situation. As such, it is the ability to think
the rule, the universal, in specic terms. The
relationship between the universal and the specic
is affected here in a way that does not subscribe to
the logic of explication-application.
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Contra-diction
For Derrida (1997: 30), the paradox of singular
Other, which also at the same time speaks of an
innite ethical demand for multiple others, entails a
contra-diction. The inclusion of a general demand
for justice from all these others seems to contradict
the singularity of the Other whose face makes the
immediate appeal. I think this has important
implications for the functioning of corporate Codes.
Could the articulation of ethical obligations in
Codes serve to interrupt and disrupt business as
usual and place a more general concern for justice
on the corporate agenda? In the case of most
corporate Codes, certainly not. As we have seen,
Codes have precisely the opposite effect, i.e. that of
reassurance, reputation enhancement, and perception management. But could Codes contribute
something else? If so, wherein would the possibility
for disruption lie? Derrida makes it clear that every
law or commandment conrms and encloses the
possibility of the question. Yet, there is very little of
this questioning left in the functioning of corporate
Codes. Something of the critical interaction between
philosophy as the power and adventure of the
question itself and philosophical texts that function
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itself, does not present itself. The question, according to Naas, is located at the threshold between
ethics and politics. The Third, and the question,
allow for an intelligibility that presents the possibility of political and, as I will argue, institutional
challenges. The questioning precipitated by the third
allows justice to be thought. It allows us to navigate
the ethical space between the immediate ethical
demand occurring between me and the Other and
the question of justice for, and accountability
towards, all the other others. The fact that this
broader political, juridical, and institutional
question is raised puts the one (the person or
institution) asking the question in question. It
precipitates the question: Who am I? or, Who are
we as a corporation?
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Specificity
The objection that may be leveled against my
suggestions is that Codes do not sustain this
questioning. One aspect of this problem has to do
with the tendency of Codes to describe relationships
between the corporation and its others in terms of
the corporations main purpose of prot-maximization. Instead of referring to the mothers, fathers,
nurses, and doctors, as Johnson & Johnsons Credo
does, other corporations refer to their stakeholders
in very general, instrumental terms such as customers, suppliers, employees, and shareholders. The
generalized terms that Codes use when describing an
organizational stakeholder do not take account of
the relational role that this specic stakeholder plays
within a broader context. This stakeholder has
purposes that go far beyond the singular lens of
prot-maximization that corporations use and
moral responsiveness should at least allow us to
acknowledge this. Could we therefore argue that
there is something to be said for the specicity that
Johnson & Johnson uses? I think there is. It provides
a sharper perspective on the others who have to be
thought when engaging in a relationship with a
specic Other, as it creates at least some context,
some sense of the relational reality within which we
all function. These further relationships are not
necessarily immediately instrumental with regard to
the corporations purposes, and as such, may allow
it to recognize, calculate, and respond to the interest
of others who may not be immediately identied as
stakeholders but who could play an important role
in broadening the corporations sense of purpose,
and as such, strengthen the moral responsiveness of
its agents. Judith Butler (2004: 3031) makes the
important point that our moral agency is always
Historical considerations
Codes that precipitate the importance of questioning
must display some awareness of the historical
context and the way in which the corporation and
its agents were and are situated via others in the
contexts within which they operate. In the preamble
to its Business principles, Anglo American states
that it is a global company, and that, as such, their
responsibilities extend beyond national borders.
This statement may be intended to promise consistent ethical behavior regardless of where the
company operates. Unfortunately, it also serves to
avoid the possibility that the company may be
confronted with contextual contingencies that put its
self-assuredness at risk. The universal commitment
to universal rights, which Anglo American makes,
must always be challenged by the particularities of
the contexts within which it operates. In fact, the
universal statement only makes sense when a specic
context precipitates this universal demand as a
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Sustaining reiteration
Another suggestion regarding the possibilities of
sustaining an ethic of questioning within Code
initiatives is that Codes should not remain stagnant.
This is by no means a new idea in Business Ethics,
but it remains unclear how Codes should remain
living documents in practice. Many corporations
argue that their commitment to certain basic
principles should remain unchanged over time, but
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Conclusion
This paper does not argue for the abolition of
Codes. Codes present us with ways of drawing on
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References
Anglo American. 2010. Guiding Values. http://www.
angloamerican.co.uk/aa/about/guiding_values/ (accessed February 15 2010).
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