Professional Documents
Culture Documents
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1 DERIVATIVES
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Ethical Perspectives 4 (1997)2, p. 84
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Ethical Perspectives 4 (1997)2, p. 85
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Market Developments
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2 RISK MANAGEMENT
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Ethical Perspectives 4 (1997)2, p. 86
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Ethical Perspectives 4 (1997)2, p. 87
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ETHICAL PERSPECTIVES ON
RISK MANAGEMENT
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is right: any ethical conclusion must have a reason, though the reason may become God says
so. But in business ethics the result has become
more and more narrowly defined. One result of
this is seen in the common and fallacious argument that ethical behaviour is good because it
contributes to the bottom line. The moral framework becomes a subsidiary of the market. Looking at the subject of derivatives has brought this
home to me with fresh power. My first thought
was what harm can they do? I used derivatives
for many years, without qualms, as a means of
protecting the interests of the company for which
I worked. They provide a focused, transparent
and efficient method of adjusting price to supply
and demand. In the oil industry they were certainly less damaging in their results than the
cartel of the 1970s, OPEC, with its indifference to
the poorer countries, its corruption and overwhelming greed. At least the derivatives market
in oil seems impersonal. The counterparty is
invisible.
This is a classically utilitarian argument of the
greatest benefit to the greatest number. Similar
arguments are ready to hand in other markets.
Financial derivatives may lower the cost of capital by allocating it more efficiently to those best
able to access it who then pass on some of the
benefit through the swaps market. Currency derivatives may ease the risk of cross-currency
investment. Some benefit in terms of risk management will at least be intended for all users of
derivatives where the use is driven by commercial
considerations other than those of trading in
derivatives. Within the derivatives markets themselves this issue is extreme. It is a truism to say
that a market price cannot be wrong, it is simply
a price. In a futures trading pit no ethics exist
except performing what you have promised.10
Inevitably therefore, our comments are from outside the structure of concepts that many practitioners would consider valid.
The consequences of trading in complicated
and risky instruments may be more subtle than
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Ethical Perspectives 4 (1997)2, p. 88
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accounting can reveal. Risk is not always measurable but at times may be inherent in the ethos of
an organizational system, part of the culture, like
safety. Whatever the controls, a company with a
high risk ethos is likely to run high risks. In the
early 1980s, at the time of the panic caused by
the run on the US bank, Continental Illinois, the
Financial Times commented, Banks should be
boring. The use in financial organizations of
many of the new financial instruments requires
the recruitment of teams whose rewards are usually linked to performance on a profit centre
basis. This in itself creates a high risk ethos
which is a ratchet that progresses inevitably, and
whose culture is often more powerful than all the
controls that can be invented.
Although many new financial instruments may
benefit many companies and people (look at the
example of the new availability of flexible fixed
rate mortgages in the UK, all derivative based),
like nuclear power, the accidents can have
massive fall-out. It is far from clear that the
greatest good of the greatest number is the result
of the unfettered development of new financial
instruments. Even the largest banks seem unable
to prevent losses through rash or unauthorized
dealing: banks may have abandoned the safe role
of the banker in roulette or the bookmaker at the
races in favour of gambling themselves.11
3.2
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capital (and hence open positions) that any institution can commit to derivatives. This could
include step ups in capital allocation once a certain size of position had been reached. There
would have to be some concept of concert-party.
The explicit aim should be to make it prohibitively expensive, and obviously unacceptable, for
a small group of traders to run positions that can
control a market. Trading should be restricted so
as to prevent excessive volatility. This has
worked in New York since 1987. After a certain
move, trading must close for a period.
The companies or people who may trade need
close regulation. Any use of derivatives over a de
minimis level should require regulatory approval.
In particular the use of exotics should require
evidence of adequate systems to monitor and
reveal risk, and a level of independent audit.
Finally, companies using derivatives that are
not traders should have to publish a policy, for
example after the statement of accounting basis,
on the use, limits and intention of derivative
involvement.
3.3
3.3.1
Transparency
Both in the secular philosophical and the religious traditions of European thought, transparency is thought of as a virtue. Iago may be clever,
but is nevertheless a villain because of his dissembling. In the Wagnerian cycle one may feel
that Siegfried is a muscle bound idiot, but still a
hero because of his transparency. Candide is
nave, but his transparency is seen by Voltaire as
virtuous. Johns first epistle has the famous exhortation to walk in the light with one another
and with God. King Davids uniqueness is not his
moral uprightness but his honesty and openness
in his walk of faith, expressed most clearly in
Psalm 51. Straightforward dealing is a City virtue
(dictum meum pactum, the motto of the London Stock Exchange, etc.) and is enshrined in
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Self-awareness
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fulness.16 This same tension is reflected in common law in the Anglo-Saxon tradition with the
tests of reasonable care and contributory negligence. The search for a risk free life is seen in
such absurdities as the famous McDonalds coffee
lawsuit in the US, where a jury initially awarded
damages of $2,000,000 (reduced on appeal) to a
woman who was scalded while simultaneously
driving and trying to drink a hot cup of coffee. In
legal ethics such cases are seen as increasingly
indefensible. The opposite extreme is found at the
Pont du Gard, near Nmes, an unrailed and crumbling Roman aqueduct with a vertical drop of
over 100 feet. Anyone can walk across, if they
dare, the only caution being a rusty sign saying
Les vents puissent senlever, perhaps
translatable as gone with the wind!.
If one takes the three main approaches to
ethics, the consequentialist, deontological and
virtue based, it is clear that the last two place risk
management as one sensible preoccupation among
others, without giving it primacy.
C ONCLUSION
The widespread and elaborate use of new financial instruments among corporate entities and
financial institutions requires justification. It faces
the charge of increasing both the level and complexity of risk in the financial system under the
pretext of reducing it. It is a prodigious user of
management resources and IT. It obscures the
integrity of the nature of the non-financial user.
It is not mere academic argument to question
the ethics of certain instruments. Both in the US
and the UK certain forms of financial instrument
are deemed too risky to be used by all and sundry.17 Other forms of instrument may be banned
outright, even though many financial professionals will be perfectly capable of measuring the risk
involved.18 The force of this attack is recognized
in the financial industry. One defence frequently
put forward is similar to that of the National Rifle
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Notes
1. Justin Welby has been Rector of St. Jamess Anglican Church, Southam in Warwickshire, England, a small market town, since 1995. Before that he was assistant minister (curate) in a depressed urban industrial parish in the
Midlands of England from 1992. Before being ordained he worked in the oil industry, first for Elf Aquitaine in
Paris, and then as Group Treasurer of Enterprise Oil in the UK. During that time he had experience of projects
throughout the world, especially in Nigeria and the North Sea. He is a member of the British Association of
Corporate Treasurers, and is still involved in aspects of finance work. He holds degrees from Cambridge and
Durham universities.
2. The Treasurer: Journal of the UK Association of Corporate Treasurers. December 1996, p. 8 ff.
3. Risk in New Dictionary of Christian Ethics. SCM, p. 557, see also The Common Good, Catholic Bishops
Conference 1996, 77, p. 19.
4. Stewart Hodges, Director, Financial Operations Research Centre at the University of Warwick, pointed out, in a
complicated article dealing with the effects of delta hedging using the Black-Scholes model, that the risk exposure
is constantly adjusted in response to market movements and that this leads to very high turnover (thus costs and
transaction risks); in fact the expected level of turnover is proportional to the square root of the number of revisions [of the hedge following market movements], becoming unbounded in the limit. Cf. Current Research on
Derivative Products in Treasurer, November 1991, p. 6 and 9.
5. Managing Derivatives Risk Guidelines for End-Users of Derivatives. Futures and Options Association, December
1995.
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6. Ibid., p. 7-10.
7. Ibid., p. 11.
8. Dr Robert Song, at Cranmer Hall, Durham University, has been very helpful in discussing this.
9. Richard HARRIES, Is There a Gospel for the Rich? Mowbray, 1992, p. 95.
10. The film Trading Places, with Eddie Murphy, is an enjoyable and generally accurate way of
understanding
this.
11. Editorial in Treasurer, April 1995.
12. Stock exchange listing regulations, especially obligations on disclosure of material facts, insider trading legislation and Takeover Panel rules about concert parties, would be three examples.
13. David CREED (Group Treasurer Tate & Lyle PLC), A personal view of the ASBs Financial Instruments Discussion Paper in Treasurer, October 1996, p. 16.
14. The basic argument in an article by Gay EVANS (Chairman International Swaps and Futures Association), The
Great Contradiction in Treasurer, October 1996, p. 30.
15. e.g. Daniel 3:17-18 and Romans 8:28.
16. e.g. Deuteronomy 6:16 and Matthew 4:7.
17. Investing in private placements in the US, and the sophisticated investor test under the FSA.
18. Pyramid selling schemes.
19. Gay EVANS, op. cit.
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