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BusinessEthics: AEuropean Review A pre´ cis of a communicative theory of the firm Jeffery D.Smithn Introduction stakeholders as part of the communicative, i.e. consensus-building fabric of modern society, or Over the last two decades there have been whether such relationships are merely strategic in noteworthy attempts to apply normative moral a way that emphasizes the satisfaction of private and political theory to the conduct of business over collective interest. Although the answer to firms. These applications draw upon the work of this general question remains open within the Aristotle, Immanuel Kant, John Rawls, various communicative ethics literature, I take an ap- figures of the social contract tradition, and the proach that maintains that economic organiza- writings of the so-called communitarians (see tions are not only partly communicative in nature Keeley 1988, Solomon 1993, Etzioni 1998, Do- but it is indeed appropriate that the ideals set naldson & Dunfee 1999, Bowie 1999, Phillips forthbycommunicativeactionstructuretheterms 2003). A body of literature that has received of cooperation between their members. Business substantially less attention by business ethicists, actors,whilestrategicallymotivatedinbasicways, however, is the work of European theorists who cannot be exclusively strategic without jeopardiz- advocate an approach termed discourse, or com- ing the successful attainment of their shared municative ethics. interests. I also hold that communicative action This paper proceeds under the assumption that is onlyenabled througha complicated network of there is room to develop a communicative theory social institutions. If businesses shape and affect of the modern business firm that can provide a the possibility of consensual social action in other perspective from which to evaluate an array of spheres of modern society, then they too are normative issues in business ethics, e.g. corporate partly subject to the normative constraints pro- social responsibilities, stakeholder entitlements vided by the ideal of communicative interaction. and obligations, managerial decision making, Inwhatfollows,Iwilldevelopthispositionwith and corporate governance. This task, however, is exclusive focus on the philosophical work of quite complex and cannot be completed in its arguably the most prominent communicative entirety here; as a result, the purpose of this ethicist, Juergen Habermas (1990: 43–115, analysiswillbetoprovideapreviewofamorecom- 1996a). Since I do not purport to provide an prehensive application of communicative ethics. interpretation of Habermas as much as an My focus will center on the first step of such an extension of some of his insights, I assume large, application; that is, whether it is reasonable to controversial features of his work without de- conceive of the relationships between business fense. The motive behind this exploration is a curiosity in uncovering what entitlements and responsibilities corporate stakeholders assume when they are engaged in the mutually benefi- nAssistantProfessorandDirectoroftheCenterforBusiness,Ethics cial acceptance of risk and reward that consti- andSociety,SchoolofBusiness,UniversityofRedlands,Redlands, CA,USA. tutes business activity. Broadly speaking, I am rBlackwellPublishingLtd.2004,9600GarsingtonRoad,OxfordOX42DQ,UK and350MainSt,Malden,MA02148,USA. 317 Volume 13 Number 4 October 2004 interested in what moral principles are implied able needs and solutions. The promise of com- from the fact that business organizations are municative ethics for business ethicists is that it composed of differently situated and differently can provide a procedural vantage point from interested groups of individuals who sometimes which the relationships that characterize the hold competing and mutually exclusive ends. modern corporation can be normatively assessed Howcantheirdiverseeconomicinterestsbejustly and managed. addressed given that these differences stand Habermas limits his normative theory to an in contrast to the shared interests they have in exploration of the moral principles that can be the success of the firm? Although I will provide rationally justified in the face of the persistent no definitive answers to these questions in disagreement that characterizes modern, pluralis- this paper,Iwill begintheprocess of constructing tic societies. He begins this account with the a communicative perspective from which these assumption that moral claims have the feature of questions can be asked. being made with the anticipation and expectation thattherearegoodreasonstosupportthevalidity of the claim that every listener can, in principle, Communicative and strategic action acknowledge. Moral claims, thus, are a species of whatIhavebeencallingcommunicativeaction,or Juergen Habermas maintains that moral princi- consent-oriented action (Habermas 1984: 286, ples are justified, and ultimately conferred valid- Baynes 1992: 80). Communicative action is social ity, when they meet with the acceptance of activity with the primary aim of bringing about individualsengagedinanargumentativediscourse mutual understanding, rational agreement, or about the principle’s ability to satisfy the needs consent. Since communicative action is typically and interests of all affected parties. His commu- mediated by language, Habermas focuses his nicative ethics provides a procedure designed to attention on moral claims and their purported provide an examination of the principles that can end of enabling the recognition of certain reasons govern the interaction and cooperation of a as warranted grounds upon which to accept a plurality of groups that have disparate value normative, action-oriented claim about what orientations, interests, and conceptions of the ought to be done. Moral assertions are distinctive good. Institutionalizing argumentative discourse in that they specify universally valid human enables a type of coordination of interests by interests that are capable of obliging individuals uncovering an insight into the interests of other whatever their specific value orientations or individuals. This, in turn, builds solidarity be- limited set of interests. Linguistically mediated tweenthosewhoreachcollectiveagreementabout moral action, then, is pragmatically based on the how to regulate the terms of their social lives. presupposition that moral claims can lead to a Communicativeethics,unlikeothercontempor- mutual recognition of the claim through inter- ary work in ethical theory, maintains that moral subjectively acceptable reasons. norms governing social interaction are the result In this light, Habermas’ work can be broadly of reasoned, dialogical exchanges between differ- viewed as an attempt to redeem the Kantian ently situated individuals. In this respect, com- project of uncovering a universal basis for moral municative ethics is centrally procedural in that it principles without appealing to an overly formal does not recommend substantive moral norms conception of practical reason or otherwise but, instead, proposes that they result from controversial metaphysical assumptions about institutionalized discourses where those affected human autonomy. The possibility of universal jointly arrive at well-reasoned principles. Impor- moral principles rests, instead, on the pragmatic tance is placed on establishing reliable mechan- necessity of individuals to coordinate their activ- isms for discursive interaction where different ities amongst each other on the basis of shared constituencies and groups can address competing reasons. Habermas maintains that the reasons interest claims on the basis of mutually recogniz- thatsupporttheuniversalvalidityofmoralclaims 318 rBlackwellPublishingLtd.2004 BusinessEthics: AEuropean Review can be uncovered through a process of dialogic oriented toward mutual understanding and con- interaction among participants who may have sensus can be preserved in the face of ongoing very different interests or conceptions of the good disagreement when those who disagree ‘thematize life; hence, by identifying principles that express contested validity claims and attempt to vindicate universal interests, he takes seriously the liberal or criticize them through arguments’ (Habermas notion that certain human interests can be 1984:18).Forthespecialcaseofmoralclaims,the recognized by all individuals whatever their efforts to preserve rational consensus through a concreteworld viewsorparticular ends.A society process of argumentative discourse presuppose a thatisabletocoordinateitsactivitiesmustrelyon number of rules. Indeed, Habermas (1990: 86–93) claims that everyone can, even if only implicitly, explains that these rules are inescapable assump- offertheirassent.InHabermas’terms(1984:286– tions behind the very effort to engage in commu- 287; 1990: 102), the restoration of communicative nicative action. As long as you are a participant action, oriented toward consensus, is necessary using language to make claims that are designed for the basic processes of socialization, social to secure recognition from listeners, you presup- integration, and shared cultural reproduction. pose that there can be reasons uncovered that Although much of our day-to-day interaction support your assertion. The ideal process of proceeds in a communicative fashion – i.e., we presenting and reconstructing this search for act and speak in ways that implicitly rely on reasons just is the pragmatic expression of the agreement – Habermas admits that communica- very rules that guide Habermasian discourse. tive action often breaks down because of the These rules include the equal rights of all affected inability of certain claims to generate consensus. partiestoparticipateintheprocessofargumenta- The inability of individuals to act in consensual tion,anabsenceofcoerciveactions,consistencyin fashionrunstheriskofleadingtowhatHabermas the use of language, the right of everyone to offer (1990:58) calls rational–purposive action–action any relevant objection, the truthfulness of all thatisnotorientedtowardrationalunderstanding participants, and the right of everyone to express and mutual consent but premised on the attain- their needs and interests (cf. Baynes 1992: 80). mentofcertainendsnottiedtoconsensusassuch. Through a complex maneuver, Habermas con- Rational–purposive actions come in two forms: cludes that from these necessary presuppositions instrumental actions that are goal-oriented inter- of argumentative discourse and the idea that ventions in the physical world, and strategic moralclaimsarejustifiedonlyiftheycangenerate actionsthatareattemptstoinfluencethethoughts consensus to coordinate social action between and behavior of others for the purpose of individuals, there is one basic rule that all moral achieving private ends. Although there is an norms must meet in order to carry the force overlapping area between instrumental and stra- of reason (Habermas 1990: 57–68; Rehg 1994: tegic action, strategic action is particularly worri- 56–84). He labels this rule (U) because, like someforHabermasbecauseitissocialinteraction Immanuel Kant’s Categorical Imperative, it sti- that subordinates, or perhaps purposely avoids, pulates that all justifiable principles must be mutual understanding in order to achieve other universalizable. In Habermas’ case, however, ends like power, economic efficiency, or other universalizability is not a formal requirement of egocentric aims. Breakdowns in communicative maxims of action, but a requirement concerning action can naturally lead to strategic action the acceptability of a proposed principle within because coordination needs to take place even argumentative discourse. without consensus. (U): a moral principle is justified just in case all Strategic acts such as deception, coercion, affected can freely accept the consequences and manipulation, and instrumental purpose can be side effects that the general observance of the avoided if breaks in the fabric of communicative principle can be expected to have for the satisfac- consensus are repaired through a discursive tion of the interests of each individual (Habermas process of argumentation; that is to say, action 1990: 93) rBlackwellPublishingLtd.2004 319 Volume 13 Number 4 October 2004 (U) summarizes the basic procedural logic behind distributive schemes that acknowledge the impor- moral argumentation and the discovery of accep- tance of economic resources in the attainment of table reasons to support a proposed principle: a these entitlements are likely candidates for uni- principle is rationally justified only on the versalizable moral principles. condition that all others who are affected by the principle are rationally convinced of its validity. So the consensus required by (U) is significant Communicative ethics and business because it identifies moral principles that partici- pants in discourse ‘arrive at together’ by looking There are two general ways in which commu- for reasons that every other participant can nicative ethics is relevant to business. First, as an endorse (Rehg 1994: 77, 78). institution that affects the distribution of rights, Before exploring the applications of this responsibilities, benefits, and burdens in modern approach to themes in business ethics, it is worth society, businesses and their agents have respon- reiterating some important limitations to Haber- sibilities to uphold the principles that are identi- mas’theory.Moraldiscourseisaprocesswhereby fied and justified through public moral discourse. individuals who are communicatively oriented Insofar as consensus emerges about the appro- attempt to restore consensus on issues that have priate ways to encourage and regulate business temporarily resulted in disagreement. Habermas activitytherearenormstowhichbusinessesought is careful to stress that his theory itself does to adhere. In other words, businesses, at a not offer any substantive principles; rather, his minimum, need to further the interests of all theory is purely procedural in that such principles who are affected by their activity. Second, canonlybedeterminedthroughactualdiscourses. corporations, despite being largely private asso- Moral claims that are redeemed through dis- ciations, are stable and successful only when it is course represent values that are generalizable recognized that the relationships between their because claims that survive the process of moral stakeholders are communicative, and not merely discourse are those that can be recognized by strategic in nature. This fact yields the interesting everyone.Moralreasons, thus,canbeunderstood resultthatdiscourseis not simply amechanismto as discursive reasons, i.e., reasons that can be regulatebusinessatthelevelRawlsreferstoasthe recognized as acceptable warrants by participants ‘basic structure of society’, but is also germane to within discourse. the negotiation and management of moral con- The domain of the moral is clearly limited by cerns between consociates within organizations. I Habermas to those normative issues that are will take up each of these applications in turn capable of expressing generalizable interests. (Rawls 1971: 7). Ethical matters concerning individual or group Public morality, law, and business identity, value-oriented assessment of personal ends, or questions of the good life are important Habermas’ discourse ethics is a theory of social to be sure; however, discourses concerning these morality that governs the entire scope of public questions are not geared toward the ‘mutually interpersonal and institutional relations. To the expectable values’ discovered within moral dis- extentthatbusinessesareunitsofcivilsocietythat course. Habermas envisions his communicative impact such core human interests as self-determi- ethics as providing the conceptual framework nation, opportunity, and welfare, there are well- needed to develop a theory of justice that defined responsibilities to the general interest of articulates the basic elements of a stable system citizens. Reed (1999a, b), for example, has argued of public morality. Although he is reluctant to that business activity functions in the general specify the content of this system, the demands interestonlywhen threeconditionsaremet. First, of public recognition through individual rights, individual profit seeking through cooperative liberties,formalopportunities,guaranteestoalife modes of production is justified only when consistent with one’s lifeworld commitments, and the firm intends to provide gains in economic 320 rBlackwellPublishingLtd.2004 BusinessEthics: AEuropean Review welfaretoitsstakeholdersandthatthesegainsare accept its role in regulating social life. The key appropriately distributed to everyone who has difference for the domains of morality and contributed to the firm’s productive activities. legitimacy rests in the fact that legal discourses Second, because of specific failures of the market encompass moral, ethical and pragmatic reasons todeliversuchgainsinwelfare,therearegenerally in the course of examining the validity of a recognizable reasons to prefer regulatory struc- proposed law. The creation of law characteristi- tures that ensure the protection of the natural cally takes into consideration a wider array of environment, public safety, and competition in functional questions and aims (e.g., assessments order that the public benefits of individual profit of efficient means and strategies), focuses, at seeking are realized. Finally, business activity times, on negotiation and bargaining processes, upholds the general interest as long as it does not andtendstobeconcernedwithconcreteproblems ‘invade other realms’ that should be governed by and policies rather than the mere implementation non-economic ends. Reed is particularly con- of abstract moral insights (Rehg 1994: 219; cerned with the ways in which businesses have Habermas 1996b: 453). Still, the fact that Haber- been able to supplant reflective individual choice mas (Habermas 1988: 243–244) argues that bycontributingtothecreationofa‘consumercul- ‘legality can produce legitimacy only to the extent ture’ and how the ends of business have distorted that ... legal discourses are institutionalized in thecommunicativeaimsofotherinstitutions,e.g., ways made pervious to moral argumentation’ political parties and administrative agencies. exposes the deep linkage between legitimacy and Another way that the norms of public morality morality that Habermas derives from the ideal of are brought to bear on business is through the communicative action. Law, in a fundamental creation of relevant laws by legislative, adminis- sense,is a mechanismfortheintegrationof moral trative, or judicial means. This issue receives interests into norms that are implemented and extensive treatment within Habermas’ (1996b) enforced through positive means. theory of law in Between Facts and Norms. There In this light, corporate agents can be said to act he develops a principle of democratic law forma- illegitimately when their actions either (a) contra- tion whereby formal political institutions have a vene the established provisions of existing legit- central(althoughnotexclusive)role toplayin the imate law or (b) undermine the conditions maintenance of legitimate law. According to his necessary for the ongoing development of legit- so-called principle of democracy, Habermas imate law (cf. Reed 1999b: 27). The former (1996b: 110) maintains that statutes can claim requirement needs little explanation beyond the legitimacy only when they meet ‘with the assent fact that businesses are legal agents subject to the (Zustimmung)ofallcitizensinadiscursiveprocess constraints endorsed through a discursively struc- oflegislationthat...hasbeenlegallyconstituted’. tured legislative process. The latter provision is Laws consistent with this principle reflect a kind more complicated, but no less important. Haber- of popular autonomy among the citizenry to mas stresses that modern society must be under- reflectively endorse the laws to which they are to stood as a ‘self-legislating’ legal community that be subjected (Habermas 1988, 1996b: 118–131; seeks to organize its common life on the basis Reed1999b:26).Habermas(1996b:107)drawsan of laws that receive the assent of all affected indirect, but important, connection between (U) individuals. The ideal of a self-legislating polity andtheprincipleofdemocracy.IndeedHabermas necessitates the legal recognition of certain rights, holds that both principles are ‘co-original’ in the all of which are necessary to maintain a society sense that the normative realms of morality and constituted on the basis of law, so construed legitimacy are derived from the same core (Habermas 1996b: 121–126). Accordingly, basic principle, (D), expressed in the very idea of rights of private autonomy are necessary to communicative action, i.e., that an action norm preservethefreedomofspeech,conscience,move- isvalidonlyontheconditionthatallofthosewho ment, and association necessary to engage in are possibly affected by it could find reason to public discourse. Habermasalso outlines rights to rBlackwellPublishingLtd.2004 321 Volume 13 Number 4 October 2004 legal protection and due process under the law so of corporate responsibility that stipulates that as to prevent capricious penalties against those businesses have responsibilities only as members who express dissent or who are otherwise subject of civil society ignores this complexity and leaves to the authority of other, more powerful institu- businesses qua businesses immune from direct tions. Finally, he argues for two broad categories moral scrutiny. oflegalrightsthatprotectindividuals’entitlement It is fruitful to understand how corporate to direct and indirect participation in legislative responsibilities fit within the politico-legal recog- processes as well as the welfare conditions nece- nition of universal moral norms; however, busi- ssary for the exercise of all other rights (Baynes nesses, as organizations, are significant in their 1994: 210–212). It is therefore incumbent upon own right in helping to shape the possibilities of corporations to refrain from activities that under- communicative action. Corporations are success- mine these rights because they serve as necessary ful to a large extent when their stakeholders can conditionsforthedevelopmentoflegitimatelaws. identify and share interests that enable efficient Such expectations may include, for instance, coordination of their efforts. The prevalence of prohibitions on penalizing employees who are work, expansion of private enterprise into areas interested in organizing labor unions, respect for formerly managed by public entities, and the theprivacyofemployeesintheworkplace,anem- dependence of local communities on corporations ployer provision of due process before dismissals, for development, underscore how the interests of and the responsibility not to engage in political all corporate stakeholders are intimately con- activities that undermine the ability of individuals nected with one another. Thus, in approaching and communities to effect legislative change. the application of communicative ethics to busi- With this said, we should resist the temptation ness, I contend that we must be attentive to both to conceive of corporate responsibility as arising the need for corporations to internalize moral merely from the external constraints of public responsibilities as well as identify and apply such morality discussed thus far. Viewing the firm as responsibilities via moral discourse at the organi- simply one of many regulated institutions fails to zational level. I will take up some challenges to addressthespecialdivisionsandrelationshipsthat this contention in the following section and then characterize life within the firm. As a number of move to a more systematic review of the commu- contemporary stakeholder theorists have argued, nicative dimensions of stakeholder relationships. the unique nature of commercial relationships, and their associated risks and rewards, generates Communicative action within organization special moral considerations beyond mere obedi- encetopoliticallyendorsedregulations(Phillips& The normative authority of Habermas’ procedure Margolis 1999). Moral matters in business are of moral discourse originates from the practical characteristicallymattersabouthowagentswithin commitment of individuals to engage in commu- the organization are to exercise moral discretion nicative action. There is no a priori or otherwise andbalancetheinterestsof individualswhomake metaphysically controversial foundation for com- contributions to the success of firm. Such issues municative ethics; its foundation rests simply in are not exclusively a function of how the insti- the analysis of the normative presuppositions tution’s goals fit within the larger aims of civil behind actions oriented toward reaching mutual society or how the outcomes of business need to understanding. be adjusted to suit norms that take into account This point is crucial; for if businesses, as social other socially endorsed principles. Letting moral institutions,arethoughttofurthercommunicative obligations trickle down to business merely from ends, we should expect business relationships to thepriordemandsofthelawsimilarlyneglectsthe exhibit this pragmatic characteristic. Upon first observation made by others that business is itself blush, however, this seems dubious; there is a a union of individuals with shared, yet simulta- rehearsed history of argument in business ethics neously distinct interests. Opting for a definition that speaks to the inherent strategies that lurk 322 rBlackwellPublishingLtd.2004 BusinessEthics: AEuropean Review behind the motives of business agents. The fact through happenstance but through negotiated that stakeholders often enter into business rela- collective action. The most obvious examples of tionships with doubts about trust, solidarity, and suchformsofstrategicactionarenegotiatedlabor the extent to which other stakeholders may disputes.If weassumethatanegotiateddisputeis employ strategies that compromise their interests strategic in character, then, again, the conver- suggests that business relationships are inherently gence of assent between employees and managers strategic rather than communicative. More to the does not have its roots in mutual recognition of point:businessactorstaketheirrelationshipswith some asserted interest, or a shared rationale as to other stakeholders as strategic in the sense that why the settlement is preferable, but simply an they expect stakeholders to employ tactics that agreement that relies on the contingent, over- further some specified goal (often a self-interested lapping aims of each party. A similar strategic goal) at the expense of mutual understanding and analysis might be offered for manufacturers and consensus-building (French & Allbright 1998). supplierswhocompromiseingoodfaithaboutthe Would not this speak strongly against the insti- termsandconditionsof along-termcontractonly tutional application of communicative ethics in in the name of their private accomplishments. the way that his being suggested? Finally, there are undoubtedly situations where This question can be cast more precisely by a stakeholding group asserts their interests by examining three distinct types of rational–purpo- attempting to subordinate or suppress the satis- sive action in business that may, sometimes, be factionofanothergroup’sinterests.Call thiskind rhetorically confused with communicative action. of strategic action intentional control of interest First, competing stakeholder interests may con- satisfaction. Acts of manipulation, deceit, and verge through happenstance. In this situation there coercion are likely to be placed in this category. is little, if any, noticeable conflict between the A neglect of long-term shareholder wealth by interests of stakeholders but it is nonetheless intentionally misleading investors through inac- accurate to assert that stakeholders are primarily curate financial statements or overt attempts to motivated by egocentric goals. Take, for instance, deceive through crafty advertising schemes may the convergence of strategic interests that results serve as instances of the intention to control from technological innovation in product devel- interest satisfaction. opment. Innovation often results in market We should expect interesting cases of strategic position, brand name recognition, and growth in actionunder all of these headings. But notice that revenue for managers and shareholders. At the while we can uncover examples, this, by itself, same time, consumers often receive strategic leavesthequestionofwhetheragentsimplicitlyor benefits from the development of products that explicitly engage in communicative action largely better suit their needs and preferences. Here the unanswered. Habermas speaks of strategic action motives behind manufacturer and consumer as following the rules of rational choice so as to decisions are not oriented toward the mutual efficiently influence the decisions of an opponent. recognition of each others’ interests, i.e., through It is, in his terms, an attempt to purposefully respect and recognition of their interest claims, change the behavior of others to accomplish an but, rather, on the calculated satisfaction of self- end to which you have committed yourself. oriented aims. In this regard, the action exhibited Individual success, defined by the attainment of in this category of rational–purposive action is egocentric ends, is definitive of strategic action instrumental in Habermas’s sense of the term (Habermas 1984: 286). It would certainly seem as because while managers, shareholders and con- if the latter two categories of rational–purposive sumers can be said to share the end of techno- action, i.e., convergence through negotiation and logical innovation, their reasons in favor of intentional control of interest, exhibit features of innovation are completely self-interested. this sort of action. Yet the fact that business is Second, consider the category of cases where characterized by strategy need not imply that its there is a convergence of stakeholder interests not individual relationships are exclusively structured rBlackwellPublishingLtd.2004 323 Volume 13 Number 4 October 2004 by strategic motives; nor need it imply that characteristic of modern business life should not communicative purposes are absent from the deter us from noting that resolutions to such motives of stakeholders. It is a mistake, in short, conflict need not take the form of rational– to point to instances of strategy and infer from purposive attempts to assert one’s interests over those instances that strategy is constitutive of any theinterestsofanopponent.Strategy,asaspecies business relationship whatsoever. It is one thing of rational–purposive action, is characteristically to notice the presence of strategic action. It is a way that individuals respond to situations of quite another to infer that its presence norma- conflict and competition; however, it is unlikely tively structures what we expect of actors. that stakeholders conceive of conflict resolution Moreover, strategic and communicative mo- purely in terms of asserting their interests at the tives hardly seem mutually exclusive in the way expense of others’ preferences. suggestedbythesegeneralcategories.Thereasons Workintheareaofmulti-stakeholderdialogues that a labor union may have to support a and the interaction between corporate constitu- negotiated settlement can be simultaneously self- encies, especially between non-governmental or- directed and takeaccount of the interests of other ganizations and high-level management, has stakeholders.1 A process of negotiation often shownhowdialogicprocessesfacilitatetheshared involves what is casually referred to as a give- goals of interest group consideration, trust, and-take process. A prior demand or condition is flexibility, access to information, and agenda- sometimes given up by one party in order that setting power (Bendell 2003: 67–68). Stakeholders other, more pressing concerns are addressed typically have shared goals about the long-term in a would-be settlement. Stakeholders take what successofthefirmandthefactthattheyseekvery they find most important, in part, because of a broad-based outcomes in common serves as an recognitionofwhatotherpartiesmaylegitimately impetustoaddresscoordinationproblemsinways find objectionable. The motive in such a process that improve the chances of reaching these goals. may be self-interested in the sense that each party Stakeholders are thus likely to engage in co- is motivated to negotiate on the basis of what operative behavior at the level of conflict resolu- serves their interests; however, this would not tion and policy creation; for a lack of such exclude the possibility that the interests of others procedural cooperation tends to undermine the provide acceptable limits on what sort of settle- satisfactionofsharedinterests(Cohen2003).This ment is eventually endorsed. Communicative underscores the extent to which the distinction action can, in short, drive a process of searching betweenstrategicandcommunicativeactionwith- for norms of social coordination that are none- ineconomicorganizationsisnottobetakenasan theless shaped by each party’s own interest in unquestioneddualism,buttwointerlockingpieces discussing the norms in the first place. of coordinated social action.2 It is also mistaken to assume from the fact that stakeholdersoftencompeteforentitlementsorthe satisfaction of interests that such competition is The communicative dimensions of preferablyresolved throughmerestrategicmeans. business This comment is issued from the perspective of stakeholders themselves. Political philosophers To make these points more plausible it will often refer to situations characterized by a be argued in this section that there are four competition for resources and entitlements as important reasons to suppose thatbusiness actors exhibiting ‘circumstances of justice’ (Sandel 1982: proceed with communicative, rather than exclu- 28). It is fair to say that, in many situations, sively rational–purposive, intentions. These rea- stakeholders are involved in circumstances of sons include the shared purposes of stakeholders, justice where they, in effect, offer competing the collaborative nature of decision making claims for consideration and interest satisfaction. in organizations, the tendency to seek mutual The fact, however, that such circumstances are recognition, and the need of communicative 324 rBlackwellPublishingLtd.2004 BusinessEthics: AEuropean Review action to sustain the coordination necessary for identifiable conflicts between stakeholder inter- the firm to achieve its economic goals. ests. In either case, however, the fact that stakeholder relationships are measured by this ideal of mutuality indicates that the pragmatic Shared purposes and collaboration foundation behind communicative ethics has Business stakeholders have a number of interests relevance to economic organizations. Moreover, thatnotonlycoincidebut,inastrongersense,are the fact that stakeholders have core interests in shared. These shared interests express an under- common will often provide the basis for ongoing lying sense of purpose that circumscribes the interest exploration that yields ‘co-created mean- expectations and shared intentions of each corpo- ings’thattendstoenhanceproblemidentification, rate stakeholder. First and foremost, each stake- conflictresolution,andmanagerialresponsiveness holder implicitly recognizes the importance of within organizations (Crane & Livesey 2003: economicendslike marketshare,growth, innova- 48–49). Consider, for instance, the experimenta- tion,costminimization,returnoninvestment,and tion with the so-called ‘farm out committees’ in meritocratic rewards. This is an obvious truism industries dependent upon highly technical main- for the most immediate stakeholders such as tenance and production. A fine example of such a employees, financiers, and suppliers. Customers committee was established by Northwest Airlines too tend to have an interest in such goals because (NWA) as part of negotiated labor settlement the increased price competitiveness of goods and where technicians gave up wage increases in product innovation tend toward preference satis- exchange for stock ownership and control over faction. Even communities that often have little sourcing decisions (Smith 1998). These commit- input in the eventual location of businesses tees disseminate information to labor unions who typically come to recognize the importance of a wish to competitively bid on work that would relationship with a competitive, stable corporate otherwise be outsourced. The ability of labor partner. Second, it is arguable that many stake- unions to compete for work that would normally holders share interests to the extent that their be sent to other firms creates a sense of identities are tied to the firm’s operations as a accomplishment, tangible recognition of their persistent and purposeful community (cf. Bowie achievement, savings on maintenance costs and, 1999:82–119).Employeesthathavelong-standing of course, job stability. In a real sense, manage- relationships with management teams, for in- ment and labor both discover, through a process stance, understand themselves and their cohort of exchanging information and creative problem as part of a larger network of individuals with solving with the other party, that their shared similar histories, problems, and experiences. interests in cost minimization and information Indeed, a corporation’s mission statement, code sharing are mutually recognizable from the of conduct, and organizational structures will others’ perspective. often implicitly define itself as a social union A similar sort of linkage between shared based on a shared identity because of the organizational ends and communicatively or- commitment and concern stakeholders have for iented action is illustrated by other well-known the success of the firm. cases of collaboration between employers, man- This observation highlights Habermas’s point agers, and suppliers. The Saturn Corporation, that different groups often share a core set of for instance, responded to customer complaints interests that naturally leads them to coordinate during the late 1980s by developing a ‘relational their activities to further what they perceive to employment contract’ that stipulated how labor have in common. Many times this coordination and management ‘team members’ should strive to operates in the background without examination; have joint decision-making responsibility at all at other times, common purposes need to be levels of the organization (Calton & Lad 1995: brought to the fore in the context of discourse in 15). Inspired in part by Japanese management order to articulate generalizable solutions to models, Saturn encouraged critical exchanges rBlackwellPublishingLtd.2004 325 Volume 13 Number 4 October 2004 among labor and management as a means to what business actors expect of others: stake- generate more widely recognized solutions to holders naturally seek to meaningfully address problems faced in the automobile industry. A moral conflicts through an implied exchange of special committee was formed that made the reasons. It is clearly true that stakeholders union, the United Auto Workers, an institutional disagree about how interests should be balanced partner in participating in ‘consensus-based deci- in difficult circumstances. This disagreement, sion-making from the shop floor to the levels of however, is meaningful and important to resolve senior management’ (Kochan 1999: 1). The union only because stakeholders tend to acknowledge and its membership were integral members of the that their needs and interests are most effectively ‘decision rings’ established throughout depart- satisfied through a sort of joint resolution that ments and production facilities that helped to enables a continuation of the productive activities make strategic decisions regarding supplier con- ofthefirm.Thispointissubtlebutimportant:any tracts, product development, implementation of self-interest a stakeholder may have in resolving a technology, and marketing (Calton & Lad 1995: conflict in a particular way is preempted by the 15; Kochan & Rubinstein 2000). Grounding this realization that sustainable conflict resolution is a effort was the commitment that all stakeholders matter of uncovering consensus through shared had something to gain by becoming more aware value orientations and reasonable expectations of of the interests of customers and creating efficient otherstakeholders.Theparticularinterestsofany production and supply chain policies. one stakeholder are best serviced when that Collaboration of the sort being described by stakeholder engages in activities where there is NWA’s outsourcing committee and Saturn’s consensus about what corporate decisions have a management committee are noteworthy because rationale endorsed by all affected stakeholders. there is a presumption in both cases that mutual This communicative feature of business also consent is a large part of how strategic problems explains why the demands of stakeholders are are resolved. Solutions are not sought that merely typically voiced as claims concerning the unwar- look for a convergence of stakeholder interests in ranted exclusion of interests from corporate proposing policies and decision-making proce- decision making. To see this, reflect upon the dures – although this is certainly part of the secondcategoryofstrategicactionfromabove.In motivation. The entire explanation behind these that situation, it was suggested that some labor avenues of organizational policy making rests on union disputes proceed only because both parties the fact that collaborative decision making is a are strategically motivated to achieve some self- way to fully understand organizational problems interested aims and they can effectively influence and solutions. This commitment is prior to the and change the behavior of their negotiating advantages provided by mere negotiation; it partners. This picture of negotiated settlement, recognizes that negotiation is more fruitful and however, fails to acknowledge the kinds of claims sustainable when decisions are sought which made by stakeholders in labor disputes. For integrate interests, objections and proposals of instance, the recent claims made by members of different stakeholders. So, like Habermas’s pro- theUnitedFoodandCommercialWorkersUnion cedural rule of moral discourse (U), participants (UFCW) in Los Angeles were, quite explicitly, in such collaborative techniques view solutions as demands for recognition and fair treatment. They justified only after seeking the assent of others asserted that management’s plan to require who are critically engaged and take seriously the grocery store employees to shoulder a greater multiple stakes of a proposed course of action. share of health insurance costs was unjust in light ofthecontinuedgrowthinnetincomeofSafeway and its subsidiaries (Greenhouse 2003: A10). Mutual recognition UFCW members were not merely making a A second observation relevant to the commu- strategic claim cloaked in the language of nicative dimensions of business activity concerns distributive justice; rather, they were intending 326 rBlackwellPublishingLtd.2004

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