august 9, 2002business law (ms. hawkins)1 chapter 1: ethics in our law chapter 2 presents ethical...
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August 9, 2002 BUSINESS LAW (Ms. Hawkins) 1
CHAPTER 1: ETHICS IN OUR LAW
Chapter 2 presents ethical reasoning about right and wrong and how ethics are reflected in our laws.
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CHAPTER 1: ETHICS IN OUR LAW
What is ethics?
Ethics is deciding what is right or wrong in a reasoned, impartial manner.
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The 3 Elements of Ethics:
1. Decision about a right or wrong action
2. Decision is reasoned
3. Decision is impartial
We will learn how to apply the study of ethics to making ethical business decisions.
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1. Decision About a Right or Wrong Action:
Some decisions don’t have an ethical component: (the decision has little effect on yourself or others)
e.g., whether to buy “crispy” or “original”
Some decisions do have an ethical component:
e.g., whether to take a terminally ill relative off life support
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2. Reasoned Decisions:Some decisions are NOT reasoned, but based on emotions: (when feelings direct our actions)
e.g., “I bought the car because it looks flashy.”
Some decisions ARE based on reason: (often a written authority that provides consistency)
e.g., “I bought the car because it gets good mileage and has good resale value.”
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e.g., “I gave Bob a raise because he’s cute and I want him to have enough money to take me out.”
e.g., “I gave Bob a raise because he has consistently surpassed his peers in regional sales for this quarter.”
Some decisions are NOT impartial, but are based on our own self- interests: (this clouds our perceptions)
Some decisions are based on impartiality: (the same ethical standards are applied to everyone)
3. Impartial Decisions:
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Business Ethics
Business Ethics are the ethical principles used in making business decisions.
Why is it that ethics are not always considered when business decisions are made?
It’s all about the Benjamins baby! (profit maximization)
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Cultural Diversity and Ethics
What is culture?
Culture is a society’s shared values (goals a society considers important), beliefs, and behaviors.
Ethical behavior in one country may not be acceptable in another (e.g., renting housing in Japan).
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What’s Your Verdict?...Remember the 3 elements for an ethical decision:
1. A decision about right or wrong (significant effect on you or others)
2. A decision that is reasoned (not based on emotion)
3. A decision that is impartial (not self-serving)
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Business Ethics in Foreign Countries:
Indonesia: All businesses require a license to operate, but there are no regulations concerning monopolies and antitrust.
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Business Ethics in Foreign Countries:
Ethiopia: When engaged in heated negotiations, it is considered proper form to abruptly turn one's back on your associate and walk away. Such infers that you trust that your associate with not stab you in the back and will follow your lead.
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Business Ethics in Foreign Countries:
Ireland: Recommended business attire: Anything colorful. As do all extroverted peoples, the Irish love bright, bold colors--especially on national holidays. If in Ireland on St. Patrick's Day, win the hearts of one and all by wearing luminous clothing. Fluorescent orange is a current favorite.
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Basic Forms of Ethical Reasoning
Ethical reasoning about right and wrong takes two basic forms:
1. Reasoning based on consequences
2. Reasoning based on ethical rules
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Basic Forms of Ethical Reasoning
A. Ethical reasoning based on consequences: rightness or wrongness is based only on the results of the action. If the result is good, the decision was ethical.
“The end justifies the means.”
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Basic Forms of Ethical ReasoningB. Ethical reasoning based on fundamental
ethical rules, judges the acts themselves as right or wrong. The standard comes from:
* recognized authority (the law or religious text) * human reasoning (pass the “universalizing” test)
Both sources conclude that all human beings have dignity and worth.
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Ethical Reasoning Based on Consequences
These are the steps in consequential reasoning: Describe alternative actions Forecast consequences Evaluate consequences (Page 17)
* select the standard for judging (“The Good”)
* consider the numbers of persons affected
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Ethical Reasoning Based on ConsequencesPhilosophers call the standard for judging right or wrong “The Good.”
The Good is the primary goal toward which human life should be directed (e.g., love, justice, truth, and pleasure as in Tab’s case).
The Good involves the greatest good for the greatest number of people in consequence based reasoning.
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Ethical Reasoning Based on Fundamental Ethical RulesHere, the act itself is judged as right or wrong. There is a test to determine whether an action is right or wrong--”universalizing.”Universalizing means:
picture everyone doing the action
ask is this irrational, illogical, or self-defeating
if the action is any of the three above, conclude that the decision is inconsistent with reason and therefore ethically wrong
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Our Laws Reflect Ethics Based on ConsequencesLaws are judged to be right or good when they affect the majority of the people positively--the greatest good for the greatest number (majority rule).
Elected officials must vote for laws acceptable to the majority of people they represent, in order to be reelected.
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Our Laws Reflect Ethics Based on Consequences...Can you think of an example in U.S. history when majority rule conflicted with moral rights?
Slavery
Convict Leasing (until 1928)
Such laws were finally deemed unconstitutional because they denied “equal protection of the law” to the minority.
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Why are we obligated to obey laws?
Ethical reasoning demands it: breaking the law injures more people than it benefits.
We have agreed to obey it (we must obey the laws we create); if you accept the benefits of a society, you must accept its rules (Socrates).
We want to avoid punishment.
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Video Presentation: “Cheaters”
Is it ever okay to cheat in school? If so, under what circumstances?
Is cheating ethical--does it have an effect on you or on others?
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Are we ever justified in violating the law?
Civil disobedience is an open, peaceful violation of a law to protest its alleged injustice (See Page 16 What’s Your Verdict?).
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Dr. Martin Luther King, Jr.’s Criteria for Civil Disobedience?A written law is in conflict with ethical
reasoning.No effective political methods are
available to change the law.
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Dr. Martin Luther King, Jr.’s Criteria for Civil Disobedience?...The civil disobedience is nonviolent.
The civil disobedience does not advance one’s immediate self-interest.
The civil disobedience is public, and one willingly accepts the punishment for violating the law.
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