Law professor calls for ethical approach to solve financial crisis

Irish law professor Justin O’Brien told a public lecture in Brisbane tonight the cause of the global financial crisis was a failure of ethics. Speaking at QUT Gardens Point, O’Brien said the financial services bloodbath was no accident and could easily be repeated governments, business, lawyers and the media do not change their ethical behaviours.

Justin O’Brien
was promoting his new book called “Engineering a Financial Bloodbath: How Sub-Prime Securitisation Destroyed the Legitimacy of Financial Capitalism”. He is a research professor at QUT’s Faculty of Law & Faculty of Business and the lecture investigated the origins and implications of the securitisation crisis that swept the world in 2008.

He began by exploring the roots of financial capitalism in three books that emerged towards the end of World War II. The 1944 Hayek book “The Road to Serfdom” promoted free market economics and was the inspiration for Thatcherite and Reaganite reforms. Karl Polonyi’s The Great Transformation written around the same time argued laissez-faire capitalism causes massive social dislocation. Joseph Schumpeter explored a third approach in Capitalism, Socialism and Democracy that saw capitalism transforming into advanced socialism.

The warning was economics would become detached from society with the rise of the market economy. This disconnect was almost complete by the middle part of this decade with rampant greed disguised by boom times. O’Brien disputed the crisis of 2007 was a “perfect storm” or that “there was no one to blame”. The problem was almost everything that happened was legal and regulatory bodies followed formal rules and principles. Those rules were interpreted by corporations for their own maximum advantage.

Flawed governance mechanisms enhanced short-term profit over longer-term health. Flawed models included securitisation, the process of re-packaging assets into securities sold to investors. There were few internal controls, poor quality attestation by auditors, a lack of legal due diligence, poor calls by rating agencies, and no investigation by the fourth estate. Social norms were destroyed by rampant greed.

The result is an electorate (particularly US, UK and Ireland) where no one knows why the crisis happened. The anger is palpable and political and economic trust has been badly eroded. O’Brien said the focus needs to shift from government to governance to accountability to responsibility and finally to integrity. This requires inter-disciplinary collaboration and a move to behavioural economics. O’Brien discussed New Institutional Economics which frames economic activity in the wider social sphere.

What was needed is integrity, a cluster concept of actions, values and ethics. For example, lawyers can not simply get away with just knowing the law. There are moral and social responsibilities. O’Brien suggested three approaches. Firstly is Kant’s categorical imperative which states people’s actions should always correspond to a universally applied rule and people should never use people for their own benefit. Secondly is the utilitarian approach that looks to the consequences of actions. Securitisation was not wrong in itself, said O’Brien, the problem was the way it was used. Thirdly and perhaps most importantly, there is virtue ethics with its emphasis on the moral dimension.

Only when all three ethical approaches are used can the sins of omission, commission and collusion that caused the GFC be tackled. O’Brien noted the Australian Securities and Investment Commission recently completed a review of its operations focusing on outcomes. But its success depends on business embracing its reform agenda. O’Brien called ASIC’s reform a “Trojan Horse” for moving forward. All professional groups, he said, must recognise ownership for ethical failure and look towards a new code of conduct. Companies must work with the regulators to weed out problems, which although possibly legal, have ethically difficulties that might contain the seed for the next crisis. Quite simply, said O’Brien, it was a moral issue.


2 thoughts on “Law professor calls for ethical approach to solve financial crisis

  1. It is sufficiently proved that capitalism and ethics do not go together. Matter is simple that capitalism is only for maximisation of profits at any cost. This takes place as there are man-made laws, such as patents, copyrights, trademarks, limited liability corporations, trade unions, etc., made in favour of some elite and greedy people by the state. The number of these people is less than one percent of the total global population. It means, one percent has been legally empowered to loot and exploit remaining ninety-nine percent. The state is influenced all the time by these greedy people by using corruption route. Marx says, “Laws that divide people are against the nature and are, therefore, immoral. What is immoral is not immortal”. This immoral situation is found in Marx’s socialism and capitalism. Since this concentrates economic powers either in case of the state (USSR) or few elites and privileged people of society (capitalists/ monopolists). Unless all the people are allowed equal opportunities and freedom from coercive methods of state or monopolists, there would never be any ethical behaviour in any economy. Solution lies in repealing all monopoly laws and decentralise all the economic and political powers. State in that situation has to the duty to ensure that no one or a group of people takes advantage of price-fixing and restricting supplies in the market. We have evolved the systems to take care of these aspects duly backed by theories of economics. It is based on a totally free market in true sense, decentralised economic and political powers, distribution of means of production (technology, finance, infrastructure etc.) to all by the state at zero rate of interest and other facilities at reasonable costs. Real free competition (not to get confused with today’s monopolistic or oligopolistic market competition) will certainly result over time in a trend of lower prices of goods and service with improvement in quality continuously. Lower prices over time will reduce and also disappear interest element of the economy. This also removes unemployment as every needy person will be given means of production by the state to start his own activity. We call it self-employment in economics. Poverty therefore disappears over a period of time. Additionally, we have the state to monitor and check on consumption and exploitation of the Nature. This therefore becomes eco-friendly economic system. Thoday we all are worried about climate change and global warming and also a fear about disappearing mankind itself if green house gases are not immediately controlled. Pope Benedict XVI has also expressed his reservations about capitalism and also about Marxian socialism in his Encyclical released on 7th July 2009. He has also talked about unethical elements in capitalism. He also suggests an alternative economic and social systems to save the planet and also ensure providing full employment, removing poverty and balancing ecology. This is possible with the above stated alternative economic system. This alternative is based on Hindu Vedic ethos. This economic theory is yet to be challenged by any one since 1993 when it was released under the title “Hindu-economics”. Not only ethical values but also higher cultural values would be created in this new system.

  2. Second edition of Hindu-economics by Dr. M G Bokare has been now brought out by Those who are interested to know what is the alternative economics to capitalism and Marxism and those who are interested in bringing ethics in any economy, should buy this book for illumination in economics.

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