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Chapter 2
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A set of moral principles or values that governs the conduct of an individual or a group Ethics and the law are intertwined The rule of law and the rule of ethics may demand the same response by a person confronted with a problem In some situations, the law may permit an act that is ethically wrong 2-2Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
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2-3 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
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Ethical fundamentalism Utilitarianism Kantian ethics Rawl’s social justice theory Ethical relativism 2-4Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
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A theory of ethics which says that a person looks to an outside source for ethical rules or commands False Claims Act (Whistleblower Statute): A federal statute that permits private parties to sue companies for fraud on behalf of the government and share in any monetary recovery 2-5Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
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A moral theory which dictates that people must choose the action or follow the rule that provides the greatest good to society It has faced criticism because: It is difficult to estimate the “good” that will result from different actions It is difficult to apply in an imperfect world It treats morality as if it were an impersonal mathematical calculation 2-6Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
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A moral theory which says that people owe moral duties that are based on universal rules It is based on two principles Consistency – all cases are treated alike Reversibility – the actor must abide by the rule he or she uses to judge the morality of someone else’s conduct Criticism It is difficult to reach consensus as to what the universal rules should be 2-7Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
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A moral theory which asserts that fairness is the essence of justice Each person is presumed to have entered into a social contract with all others in society to obey moral rules that are necessary for people to live in peace and harmony Criticism Establishing blind “original position” for choosing moral principles is impossible in the real world People in society may choose not to maximize the benefit to the least advantaged persons in society 2-8Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
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A moral theory which holds that individuals must decide what is ethical based on their own feelings about what is right and wrong Criticism Action that is usually thought to be unethical would not be unethical if the perpetrator thought it was in fact ethical 2-9Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
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2-10 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. A corporation owes a duty to take actions that maximize profits for shareholders Maximizing profits A corporation’s duty is to make a profit while avoiding causing harm to others Moral Minimum A corporation must consider the effects its actions have on persons other than its shareholders Stakeholder interest A business has a responsibility to do good Corporate Citizenship
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Walmart Stores, Inc. v. Samara Brothers, Inc. 529 U.S. 205, 120 S.Ct. 1339, 146 L.Ed.2d 182, Web 2000 U.S. Lexis 2197 Supreme Court of the United States Issue Must a product’s design have acquired a secondary meaning before it is protected as trade dress? 2-11Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
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A section that requires a public company to disclose whether it has adopted a code of ethics for senior financial officers Makes certain conduct illegal Establishes criminal penalties for violations 2-12Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
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Citizens United v. Federal Election Commission 130 S.Ct. 876, 175 L.Ed.2d 753, Web 2010 U.S. Lexis 766 (2010) Supreme Court of the United States Issue Do the challenged federal restrictions on campaign financing and electioneering violate the free speech rights of Citizens United? 2-13Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
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A theory of responsibility which says that a business has a responsibility to do good Proponent view Corporations owe a debt to society to make it a better place Criticism Duty of a corporation to do good cannot be expanded beyond certain limits If taken to its maximum limit, potential shareholders might be reluctant to invest in corporations 2-14Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
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