Abstract
The author examines the categories of bribes that are prohibited under the Foreign Corrupt Practices Act from the perspective of three significant moral theories: utility, rights and justice. He concludes that the Act does not go too far in demanding ethical behaviors from U.S. business people doing business in foreign markets, therefore, it is not in need of a major revision. With regard to accounting provisions, movement from a reasonableness standard to one of materiality would be appropriate however.
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Bill Shaw is Professor of Business Law at the University of Texas at Austin. His research interests are in the area of business ethics, corporate social responsibility, and environmental law. During the Spring Semester, 1987, he held the Lynn S. Autrey Visiting Chair of Business Ethics, Rice University. His articles have appeared in various journals and he is the author of Environmental Law: People Pollution and Land Use (1976) and The structure of the Legal Environment (1987) (with Art Wolfe).
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Shaw, B. Foreign Corrupt Practices Act: A legal and moral analysis. J Bus Ethics 7, 789–795 (1988). https://doi.org/10.1007/BF00411027
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DOI: https://doi.org/10.1007/BF00411027