Analyzing Insider Trading from the Perspectives of Utilitarianism and Rights Theory
Utilitarianism and rights theories are the two overarching ethical hypotheses used to evaluate the ethicality of business practices. The utilitarian approach, which is essentially consequentialist, propounds that an action is desirable if it produces the greatest good to the highest number of people. The rights-based approach, on the other hand, determines the morality of an action by evaluating if any human rights have been violated.
Utilitarianism can be applied in business in various ways. Notably, though, it is crucial to understand that the theory has four major components. Its application can either be positive or negative. The first element is consequentialism, which involves purely determining the ethicality of action from the results (Bragues, 2018). By this element, for instance, businesses may ask their employees to act in any manner they want, provided it maximizes the output of the organization. The second element is regarded as welfarism. Here, businesses seek to improve the welfare of society by providing better wages and supporting corporate social responsibility initiatives (Mukerji, 2013). Thirdly, businesses may pursue individualism, which aims to increase profits, enhance consumer and employee satisfaction, and have a good reputation. The last tenet is aggregation, which, when applied, is manifested by the ability of a business to make maximum profits while concurrently being beneficial to society.
A rights-based approach, as aforementioned, involves adhering to the basic rights that people are guaranteed by the constitution. According to Nolan and Van Heerden (2016), a business that employs this approach would fundamentally allow participation, non-discrimination, and equality, legality, empowerment, and accountability. These are the basic tenets that guide a business that uses a rights-based approach, including those dictated by international laws and the constitution. An action that involves breaking these laws or rights is non-desirable and, thus, deemed as unethical.
Bragues, G. (2018). Theorists and philosophers on business ethics. In The Routledge Companion to Business Ethics (pp. 23-37). Routledge.
Mukerji, N. (2013). Utilitarianism. Handbook of the philosophical foundations of business ethics, 297-312.
Nolan, J., & van Heerden, A. (2016). Engaging business in the business of human rights. In Principled Engagement (pp. 153-170). Routledge.
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