Predictably Irrational (27 page)

Without the superego's help, monitoring, and managing of our honesty, the only defense we have against this kind of transgression is a rational cost-benefit analysis. But who is going to consciously weigh the benefits of taking a towel from a hotel room versus the cost of being caught? Who is going to consider the costs and benefits of adding a few receipts to a tax statement? As we saw in the experiment at Harvard, the cost-benefit analysis, and the probability of getting caught in particular, does not seem to have much influence on dishonesty.

T
HIS IS THE
way the world turns. It's almost impossible to open a newspaper without seeing a report of a dishonest or deceptive act. We watch as the credit card companies bleed their customers with outrageous interest rate hikes; as the airlines plunge into bankruptcy and then call on the federal government to get them—and their underfunded pension funds—out of trouble; and as schools defend the presence of soda machines on campus (and rake in millions from the soft drinks firms) all the while knowing that sugary drinks make kids hyperactive and fat. Taxes are a festival of eroding ethics, as the insightful and talented reporter David Cay Johnston of the
New York Times
describes in his book
Perfectly Legal: The Covert Campaign to Rig Our Tax System to Benefit the Super Rich—and Cheat Everybody Else
.

Against all of this, society, in the form of the government, has battled back, at least to some extent. The Sarbanes-Oxley Act of 2002 (which requires the chief executives of public companies to vouch for the firms' audits and accounts) was passed to make debacles like Enron's a thing of the past. Congress has also passed restrictions on “earmarking” (specifically the pork-barrel spending that politicians insert into larger federal bills). The Securities and Exchange Commission even passed requirements for additional disclosure about executives' pay and perks—so that when we see a stretch limo carrying a Fortune 500 executive, we know pretty certainly how much the corporate chief inside is getting paid.

But can external measures like these really plug all the holes and prevent dishonesty? Some critics say they can't. Take the ethics reforms in Congress, for instance. The statutes ban lobbyists from serving free meals to congressmen and their aides at “widely attended” functions. So what have lobbyists done? Invited congressmen to luncheons with “limited” guest lists that circumvent the rule. Similarly, the new ethics laws ban lobbyists from flying congressmen in “fixed-wing” aircraft. So hey, how about a lift in a helicopter?

The most amusing new law I've heard about is called the “toothpick rule.” It states that although lobbyists can no longer provide sit-down meals to congressmen, the lobbyists can still serve anything (presumably hors d'oeuvres) which the legislators can eat while standing up, plopping into their mouths using their fingers or a toothpick.

Did this change the plans of the seafood industry, which had organized a sit-down pasta and oyster dinner for Washington's legislators (called—you guessed it—“Let the World Be Your Oyster”)? Not by much. The seafood lobbyists did drop the pasta dish (too messy to fork up with a toothpick), but still fed the congressmen well with freshly opened raw oysters (which the congressmen slurped down standing up).
²³

Sarbanes-Oxley has also been called ineffectual. Some critics say that it's rigid and inflexible, but the loudest outcry is from those who call it ambiguous, inconsistent, inefficient, and outrageously expensive (especially for smaller firms). “It hasn't cleaned up corruption,” argued William A. Niskanen, chairman of the Cato Institute; “it has only forced companies to jump through hoops.”

So much for enforcing honesty through external controls. They may work in some cases, but not in others. Could there be a better cure for dishonesty?

B
EFORE
I
EVEN
attempt to answer that question, let me describe an experiment we conducted that speaks volumes on the subject. A few years ago Nina, On, and I brought a group of participants together in a lab at UCLA and asked them to take a simple math test. The test consisted of 20 simple problems, each requiring participants to find two numbers that would add up to 10 (for a sample problem, see the table below). They had five minutes to solve as many of the problems as they could, after which they were entered into a lottery. If they won the lottery, they would receive ten dollars for each problem they solved correctly.

As in our experiment at the Harvard Business School, some of the participants handed in their papers directly to the experimenter. They were our control group. The other participants wrote down on another sheet the number of questions they solved correctly, and then disposed of the originals. These participants, obviously, were the ones with the opportunity to cheat. So, given this opportunity, did these participants cheat? As you may have surmised, they did (but, of course, just by a bit).

Up to now I have not told you anything new. But the key to this experiment was what preceded it. When the participants first came to the lab, we asked some of them to write down the names of 10 books that they read in high school. The others were asked to write down as many of the Ten Commandments as they could recall.
*
After they finished this “memory” part of the experiment, we asked them to begin working on the matrix task.

This experimental setup meant that some of the participants were tempted to cheat after recalling 10 books that they read in high school, and some of them were tempted after recalling the Ten Commandments. Who do you think cheated more?

When cheating was
not
possible, our participants, on average, solved 3.1 problems correctly.
*

When cheating was possible, the group that recalled 10 books read in high school achieved an average score of 4.1 questions solved (or 33 percent more than those who could not cheat).

But the big question is what happened to the other group—the students who first wrote down the Ten Commandments, then took the test, and then ripped up their worksheets. This, as sportscasters say, was the group to watch. Would they cheat—or would the Ten Commandments have an effect on their integrity? The result surprised even us: the students who had been asked to recall the Ten Commandments had not cheated at all. They averaged three correct answers—the same basic score as the group that could not cheat, and one less than those who were able to cheat but had recalled the names of the books.

As I walked home that evening I began to think about what had just happened. The group who listed 10 books cheated. Not a lot, certainly—only to that point where their internal reward mechanism (nucleus accumbens and superego) kicked in and rewarded them for stopping.

But what a miracle the Ten Commandments had wrought! We didn't even remind our participants what the Commandments were—we just asked each participant to recall them (and almost none of the participants could recall all 10). We hoped the exercise might evoke the idea of honesty among them. And this was clearly what it did. So, we wondered, what lessons about decreasing dishonesty can we learn from this experiment? It took us a few weeks to come to some conclusions.

F
OR ONE, PERHAPS
we could bring the Bible back into public life. If we only want to reduce dishonesty, it might not be a bad idea. Then again, some people might object, on the grounds that the Bible implies an endorsement of a particular religion, or merely that it mixes religion in with the commercial and secular world. But perhaps an oath of a different nature would work. What especially impressed me about the experiment with the Ten Commandments was that the students who could remember only one or two Commandments were as affected by them as the students who remembered nearly all ten. This indicated that it was not the Commandments themselves that encouraged honesty, but the mere contemplation of a moral benchmark of some kind.

If that were the case, then we could also use nonreligious benchmarks to raise the general level of honesty. For instance, what about the professional oaths that doctors, lawyers, and others swear to—or used to swear to? Could those professional oaths do the trick?

The word
profession
comes from the Latin
professus
, meaning “affirmed publicly.” Professions started somewhere deep in the past in religion and then spread to medicine and law. Individuals who had mastered esoteric knowledge, it was said, not only had a monopoly on the practice of that knowledge, but had an obligation to use their power wisely and honestly. The oath—spoken and often written—was a reminder to practitioners to regulate their own behavior, and it also provided a set of rules that had to be followed in fulfilling the duties of their profession.

Those oaths lasted a long time. But then, in the 1960s, a strong movement arose to deregulate professions. Professions were elitist organizations, it was argued, and needed to be turned out into the light of day. For the legal profession that meant more briefs written in plain English prose, cameras in the courtrooms, and advertising. Similar measures against elitism were applied to medicine, banking, and other professions as well. Much of this could have been beneficial, but something was lost when professions were dismantled. Strict professionalism was replaced by flexibility, individual judgment, the laws of commerce, and the urge for wealth, and with it disappeared the bedrock of ethics and values on which the professions had been built.

A study by the state bar of California in the 1990s, for instance, found that a preponderance of attorneys in California were sick of the decline in honor in their work and “profoundly pessimistic” about the condition of the legal profession. Two-thirds said that lawyers today “compromise their professionalism as a result of economic pressure.” Nearly 80 percent said that the bar “fails to adequately punish unethical attorneys.” Half said they wouldn't become attorneys if they had it to do over again.
²⁴

A comparable study by the Maryland Judicial Task Force found similar distress among lawyers in that state. According to Maryland's lawyers, their profession had degenerated so badly that “they were often irritable, short-tempered, argumentative, and verbally abusive” or “detached, withdrawn, preoccupied, or distracted.” When lawyers in Virginia were asked whether the increasing problems with professionalism were attributable to “a few bad apples” or to a widespread trend, they overwhelmingly said this was a widespread issue.
²⁵

Lawyers in Florida have been deemed the worst.
²⁶
In 2003 the Florida bar reported that a “substantial minority” of lawyers were “money-grabbing, too clever, tricky, sneaky, and not trustworthy; who had little regard for the truth or fairness, willing to distort, manipulate, and conceal to win; arrogant, condescending, and abusive.” They were also “pompous and obnoxious.” What more can I say?

The medical profession has its critics as well. The critics mention doctors who do unnecessary surgeries and other procedures just to boost the bottom line: who order tests at laboratories that are giving them kickbacks, and who lean toward medical tests on equipment that they just happen to own. And what about the influence of the pharmaceutical industry? A friend of mine said he sat waiting for his doctor for an hour recently. During that time, he said, four (very attractive) representatives of drug companies went freely into and out of the office, bringing lunch, free samples, and other gifts with them.

You could look at almost any professional group and see signs of similar problems. How about the Association of Petroleum Geologists, for instance? The image I see is Indiana Jones types, with more interest in discussing Jurassic shale and deltaic deposits than in making a buck. But look deeper and you'll find trouble. “There is unethical behavior going on at a much larger scale than most of us would care to think,” one member of the association wrote to her colleagues.
²⁷

What kind of dishonesty, for goodness' sake, could be rife in the ranks of petroleum geologists, you ask? Apparently things like using bootlegged seismic and digital data; stealing maps and materials; and exaggerating the promise of certain oil deposits, in cases where a land sale or investment is being made. “The malfeasance is most frequently of shades of gray, rather than black and white,” one petroleum geologist remarked.

But let's remember that petroleum geologists are not alone. This decline in professionalism is everywhere. If you need more proof, consider the debate within the field of professional ethicists, who are called more often than ever before to testify at public hearings and trials, where they may be hired by one party or another to consider issues such as treatment rendered to a patient and the rights of the unborn. Are they tempted to bend to the occasion? Apparently so. “Moral Expertise: A Problem in the Professional Ethics of Professional Ethicists” is the title of one article in an ethics journal.
²⁸
As I said, the signs of erosion are everywhere.

W
HAT TO DO?
Suppose that, rather than invoking the Ten Commandments, we got into the habit of signing our name to some secular statement—similar to a professional oath—that would remind us of our commitment to honesty. Would a simple oath make a difference, in the way that we saw the Ten Commandments make a difference? We needed to find out—hence our next experiment.

Once again we assembled our participants. In this study, the first group of participants took our matrix math test and handed in their answers to the experimenter in the front of the room (who counted how many questions they answered correctly and paid them accordingly). The second group also took the test, but the members of this group were told to fold their answer sheet, keep it in their possession, and tell the experimenter in the front of the room how many of the problems they got right. The experimenter paid them accordingly, and they were on their way.