This assignment discusses the ethical dilemma of the credit manager who chooses to take legal actions against debtors without contacting them. It explores the ethical frameworks of ethical egoism, utilitarianism, and moral rights, and provides recommendations for solving the dilemma.
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2 Ethical Dilemma Introduction The ethical dilemma chosen in this assignment is the case of ‘the credit manager.’ John, an employee of a company that recovers debts for other businesses, chooses to deliberately take legal actions against the debtors without contacting them. By so doing, he anticipates to make his company more profit and probably earn himself a promotion. The Dilemma? The case of John is an ethical dilemma because it involves a situation where a person has to make a choice between two options. It could be considered a positive thing for the company to make more profit. It is also a good thing for John to get a promotion. But in so doing, John will be going against the value of ethics of his company. On the other hand, contacting the debtors would mean that the company may or may not make profit. Also, John may never receive a promotion during his tenure at the company. Perhaps the company may run out of business, and John will lose his job too. The decision that John will make will impact his personal interests, the credibility of the company and the rights of the debtors. This is the dilemma that John is facing. This case thus qualifies to be an ethical dilemma. In solving this ethical dilemma, I am going to use three ethical frameworks; ethical egoism, utilitarian and moral rights. Ethical Egoism Ethical egoism involves making a decision merely to benefit oneself against the interests of others (Fan & Fox (2009). The egoistic framework states that ‘an individual employs the utilitarian calculation to have the greatest amount of good to themselves,’ (Woiceshyn (2011). Applying this framework to this case, it is ethical for John to take legal actions against the debtors without contacting them. One version of this framework called individual ethical egoism holds that, ‘one will be concerned about others’ interests only as it contributes to their own interests,’ (Gates & Steane 2009). According to this framework, the decision of john is ethical since it will achieve him his interests.
3 Ethical Dilemma However, taking on this framework may have negative consequences to the company and John himself. In case the management discovers that John has been taking legal actions against clients against their will, John may end up losing his job. Furthermore, should such an act be discovered, the reputation of the company may be greatly ruined, and the company may run a risk of being closed down. Ethical egoism justifies John’s decision. Notwithstanding the risks involved, the decision is ethical since it is consistent with the principles of ethical egoism. Utilitarianism Utilitarianism is based on the principle of giving the utmost happiness or sadness in dire cases to all parties (Gomes (2009). Utilitarianism is an ethical framework that has a principle that holds that ‘a man ought to act so as to produce only the best good for everybody,” (Greenwood & Harris 2011).Utilitarianism is based on a theory of intrinsic value, one that holds that a person will make a judgment out of something good in itself, in which all other values are expected to derive their happiness (Copestake 2010). If John will make this decision, it will negatively change his character. Using the universal acceptability (McKanan 2013),“following a maxim makes it a universal law”. If John makes it a habit to go against the ethical values of his employer, it may become his habit, to go against established ethical values of any company that he will find himself in. Furthermore, he will have gone against his own integrity and personal values, thereby compromising his integrity. Applying this framework to this case, it is not ethical for John to take legal actions against the debtors without contacting them because this decision will be inconsistent to the principle of utilitarianism that seeks for the good of all. While John will benefit from the decision, it will not be appreciated by the clients and will ruin the reputation of the company too. Hence, it is only ethical that John puts aside his own interests and seek for the happiness of all. Hence, according to utilitarianism, the most ethical thing for John to do is to contact the debtors before taking legal action against them and shelf off the idea of making profit for the company or getting a promotion. Moral rights Framework Moral rights framework holds that every person has moral rights which have to be respected aad upheld. It involves making a decision that will preserve and uphold the rights of the parties
4 Ethical Dilemma involved. The moral rights framework emphasizes that every human being has moral rights which have to be respected. This framework is similar to Kant’s view which holds that man is to “act in such a way that you treat humanity, whether in your own person or in the person of another, always at the same time as an end and never simply as a means to an end,” (Aune 2014). If John will have to make a decision to take legal actions against the debtors without their consent, he will be inconsistent to this ethical framework. This is because he will be going against the moral rights of the clients. It is the moral right of the clients to be informed of their debts to see what they can do with them before action is taken on them. In following this decision, John will have to lie in the court of law. Lying to gain an advantage is considered to be immoral. The moral rights framework condemns any behavior where a person seeks to gain something from another person by taking advantage of their weakness or misfortune (Campbell 2011). Furthermore, taking legal actions against the debtors without their consent is denying them their right to information. Hence, John’s decision will be inconsistent with the moral rights framework, and is therefore not ethical. The most ethical thing for John to do, according to the moral rights framework, is to contact the debtors to have a discussion before taking any action against them. Recommendations for this Ethical Dilemma According to ethical egoism framework, John can take legal actions against the debtors, because it will work for the good of his own personal interests, which ethical egoism supports. However, he most probably will suffer bad consequences out of this decision. According to utilitarianism, it will be ethically inconsistent for John to take legal actions against the debtors without their consent. Using this framework, the only ethical thing for John to do is to contact the debtors before taking any action against them. This is the only decision that according to utilitarianism, will ensure maximum benefit to everybody. According to moral rights framework, it will not be ethical for John to take legal actions against the debtors without informing them. This will go against the moral rights of the debtors. It will only be ethical for John to contact the debtors. In summary, considering the three frameworks that have been considered here, the only ethical thing to do is to contact the debtors before taking any action against them.
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