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CHAPTER 1: ETHICS IN OUR LAW

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1 CHAPTER 1: ETHICS IN OUR LAW
Chapter 2 presents ethical reasoning about right and wrong and how ethics are reflected in our laws. August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

2 CHAPTER 1: ETHICS IN OUR LAW
What is ethics? Ethics is deciding what is right or wrong in a reasoned, impartial manner. August 9, 2002 BUSINESS LAW (Ms. Hawkins)

3 CHAPTER 1: ETHICS IN OUR LAW
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. August 9, 2002 BUSINESS LAW (Ms. Hawkins)

4 CHAPTER 1: ETHICS IN OUR LAW
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 August 9, 2002 BUSINESS LAW (Ms. Hawkins)

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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.” August 9, 2002 BUSINESS LAW (Ms. Hawkins)

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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.” 3. Impartial Decisions: 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) August 9, 2002 BUSINESS LAW (Ms. Hawkins)

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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) August 9, 2002 BUSINESS LAW (Ms. Hawkins)

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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). August 9, 2002 BUSINESS LAW (Ms. Hawkins)

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What’s Your Verdict?... Remember the 3 elements for an ethical decision: A decision about right or wrong (significant effect on you or others) A decision that is reasoned (not based on emotion) A decision that is impartial (not self-serving) August 9, 2002 BUSINESS LAW (Ms. Hawkins)

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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. August 9, 2002 BUSINESS LAW (Ms. Hawkins)

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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. August 9, 2002 BUSINESS LAW (Ms. Hawkins)

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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. August 9, 2002 BUSINESS LAW (Ms. Hawkins)

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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 August 9, 2002 BUSINESS LAW (Ms. Hawkins)

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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.” August 9, 2002 BUSINESS LAW (Ms. Hawkins)

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Basic Forms of Ethical Reasoning 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. August 9, 2002 BUSINESS LAW (Ms. Hawkins)

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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 August 9, 2002 BUSINESS LAW (Ms. Hawkins)

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Ethical Reasoning Based on Consequences Philosophers 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. August 9, 2002 BUSINESS LAW (Ms. Hawkins)

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Ethical Reasoning Based on Fundamental Ethical Rules Here, 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 August 9, 2002 BUSINESS LAW (Ms. Hawkins)

19 CHAPTER 1: ETHICS IN OUR LAW
Our Laws Reflect Ethics Based on Consequences Laws 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. August 9, 2002 BUSINESS LAW (Ms. Hawkins)

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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. August 9, 2002 BUSINESS LAW (Ms. Hawkins)

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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. August 9, 2002 BUSINESS LAW (Ms. Hawkins)

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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? August 9, 2002 BUSINESS LAW (Ms. Hawkins)

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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?). August 9, 2002 BUSINESS LAW (Ms. Hawkins)

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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. August 9, 2002 BUSINESS LAW (Ms. Hawkins)

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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. August 9, 2002 BUSINESS LAW (Ms. Hawkins)

26 The End! CHAPTER 1: ETHICS IN OUR LAW August 9, 2002
BUSINESS LAW (Ms. Hawkins)


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