CORPORATE LAW AND ETHICS

Corporate Law and Ethics

Corporate Law and Ethics

Introduction

Corporate ethics can be defined in several ways: conceptually, operationally, officially, and actually. Bowen (2004) mentions conceptual arguments about the definition of organizational ethics focus on questions of stakeholder status and are defined by two theories, stakeholder theory and social contracts theory. Operational approaches to increasing ethical behavior in organizations may be more or less proactive and are structured around organizational mission and legal compliance. Official ethical standards articulated by organizational leaders may include ethical codes (Bowen, 2004), but they are arguably less important than actual ethical expectations, which are closely intertwined with organizational culture. This paper discusses corporate law and ethics in the context of the case study presented in the paper in a concise and comprehensive way.

Corporate Law and Ethics

In the context of the case study the paper shows whether the business decisions made by the management team of Merck pharmaceutical are ethical. Using corporate assets for charitable purposes, the company manufactures and distributes a drug called Mectizan at no charge to impoverished nations and their inhabitants.

I will expound on three ethical theories and then analyze the Merck case according to each theory, summarizing how the authors and proponents of each theory would position themselves regarding this case. The three theories that will be used to examine the case are John Stuart Mill's ethical theory of Utilitarianism, Immanuel Kant's Supreme Principal of Morality theory, and The Voice of Care, which is a contemporary challenge to dominant ethical views such as Kants and Mills'.

I have chosen to use only the materials covered in our classroom text and information gained as a result of classroom lectures. I will not interject my opinions but analyze the case from the perspective of the authors of the theories.

The Merck Case

Merck & Co. Inc. is one of the world's largest pharmaceutical companies in the world. Corporate headquarters are here in the United States. In 2001 Merck recognized over 47 billion dollars in revenue (Bowen, 2004).

Research scientists at Merck discovered a cure for the disease river blindness, caused by a parasite and carried by the black fly, which adversely affects large populations in third world countries. After testing the drug through clinical trials to assure its' safety, the company tried to market the drug through sources such as The World Health Organization and several U.S. health agencies. The United States government was also called upon to introduce legislation to obtain funding for the distribution of Mectizan to impoverished countries. Merck's attempts to find buyers were unsuccessful. The management team decided to manufacture and distribute the drug for free, as the company held core values of "preserving and improving human life" and "being committed to the highest standards of ethics and integrity" (Bolman & Deal, 2005). These core company values were not taken lightly but literally. George Merck, the company president from 1925 to 1950, was quoted in the text as having written these words about Merck's values; "medicine is for the ...