Ch 1 Business Law- Ethics and The Law

Shortcomings of social contract ethics

-most must adhere to its rules and those that do not must be punished, not even the leader would be exempt from the rules -the people would have both a right and the duty to alter or abolish the governmental system and replace it with another more protective system

The government of a nation has two objectives

1. to protect its own existence 2. to protect the lives, health, and well-being of its citizens Both must be carried out in an ethical way

To avoid mistakes from application of utilitarianism

1.The action evaluated should be stated in unemotional, general terms 2. Every person or class of people that will be affected by the action must be identified 3. Good and bad consequences in relation to those people must be considered 4. All alternatives to the action in step 1 must be considered 5. Once step 4 has been carried out, a conclusion must be reached. The action that creates the greatest good for the greatest number should be taken

cost-benefit thinking

A corporation looks at the action it is about to take and if the benefits do not outweigh costs, the action is abandoned

A corporation

Are granted certain rights during the incorporation process and cannot be deprived of life, liberty, or property without due process (artificially created person). They owe an obligation to the public and community to act responsibly.

Identity Politics

Defined by Laura Maguire as a movement that emerges when people of a particular race, ethnicity, gender, or religion form alliances and organize politically to defend the own group's interest

The Responsibility to Protect

Doctrine proposed by the UN in 2005 stating that every nation has a duty to protect its people from 4 major threats: 1. Genocide 2. War crimes 3. Ethnic cleansing 4. Crimes against humanity (includes slavery, torture, rape, sexual slavery, hostage taking, mass murder, kidnapping, etc.)

Utilitarianism

Ethical quality of an action determined by its ultimate effects and the greatest good for the greatest number.

Shortcomings of Utilitarianism

Inconsistent moral judgments and difficulty defining the greatest good. Some define greatest good as life itself white others see it in the terms of quality of life (jobs, homes, vehicles, freedom, and justice).

The traditional corporate culture

Justifies itself in 3 ways: 1. Shareholder profits must always come first 2. It would be unfair to divert funds to activities that do not directly benefit shareholders 3. A corporate manager is accountable to the shareholders and no one else

The Need for Law in our Society

Law is necessary to punish wrongdoers, serve as the ultimate rule maker, provide stability, promote economic growth, guard property rights, protect the environment, and advance social justice.

Natural Law

Law originating from an objective, superior force that links morality to the law.

Reasons for Ethical Responsibility

Legal advantages granted to corporations, power and influence in the community, and self-interest of the corporation

Hyper-Intolerance

Open hostility to views, ideas, traditions, principles, and beliefs held by others. Fueled by identity politics.

Law

Rules of conduct established by the government to maintain harmony, stability, and justice. Law is enforceable but ethics are not.

Nonjudgmentalism

Tendency to be tolerant of every type of behavior, excusing morally wrong actions. We expect the favor returned to us in the future.

Morals

Values that govern the difference between right and wrong and good and evil

Max Weber

argues that morality is a dyad system including the ethic of ultimate ends and the ethic of responsibility.

Thomas Hobbes

believed that humans have two basic rights: -The right to live -The right to live in peace and security

Peter Kropotkin

believes that in a utopian society, laws and ethics would always coincide. Argues that society is dysfunctional because it ignores the fact that human nature is cooperative, not competitive. Believes some anarchy is healthy by introducing energy and justice.

Louis Broomfield

believes to be truly responsible, leaders must focus on what is best for the nation in terms of what is best for economic stability of the world. He also believes economic alliances should be formed because when people are fed, clothed, housed, and healthy, they do not resort to violence.

The ethic of responsibility

demands the leader must consider his/her responsibilities to those people that depend on them for safety and security

Descriptive theory

describes the values at work as opposed to explaining how those values were originated

Prescriptive theory

explains how to come up with the values that permit society to run smoothly

energy

found in a society that manages to redirect the collective human will to the welfare of the entire species

rogue states

have stepped outside the parameters of international law and have become veritable outlaws in the global community

Hate Speech

is a wide spread saying that reflects our contempt for bigotry, racism, or bias, but is not a correct statement of law

Offensive Speech

is language intended to offend based on the audience members' race, religion, ethnicity, gender, or sexual orientation

One reason that corporations have such power

is that corporations are legal persons created under the authority of federal and state statutes. They can own property and have lawsuits filed to protect them.

The ethic of ultimate ends

practiced by individuals because they can never see the ultimate end of their actions.

justice

present when all people are treated equally based on some intangible quality that has nothing to do with money

Social Contract Option

right and wrong are measured by the obligations imposed by each individual by the implied agreement among all people within a particular social system. People must enter a social contract to limit all other rights to establish a central governing authority who will protect the rights by establishing a safe and secure government system.

Appretiare

the intangible quality is based on self-esteem from using one's talents, experience, and education to perform tasks that benefit individuals and the entire society.

Under R2P

the international community has the duty to police all members of the community to ensure none of them victimize their own people. It is the duty of the other nations to stop the offenses by resolution, sanctions, military intervention, or all three.

failed states

those in which the government has completely collapsed or has become so inefficient that it can no longer provide sustenance or security for its people

unstable states

those in which the government suppresses its own people thus inviting future revolt that may destabilize a region