The question of whether there are laws in ecology is important for a number of reasons. If, as some have suggested, there are no ecological laws, this would seem to distinguish ecology from other branches of science, such as physics. It could also make a difference to the methodology of ecology. If there are no laws to be discovered, ecologists would seem to be in the business of merely supplying a suite of useful models. These models would need to (...) be assessed for their empirical adequacy but not for their ability to capture fundamental truths, or the like. If, on the other hand, ecology does have laws, this prompts further questions about what these laws are and why even the best candidates for ecological laws fall short of what might be expected of laws. (shrink)

This paper asks whether geographically localised, or ‘hyperlocal’, uses of Twitter succeed in creating peer-to-peer neighbourhood networks or simply act as broadcast media at a reduced scale. Literature drawn from the smart cities discourse and from a UK research project into hyperlocal media, respectively, take on these two opposing interpretations. Evidence gathered in the case study presented here is consistent with the latter, and on this basis we criticise the notion that hyperlocal social media can be seen as a community (...) in itself. We demonstrate this by creating a network map of Twitter followers of a popular hyperlocal blog in Brockley, southeast London. We describe various attributes of this network including its average degree and clustering coefficient to suggest that a small and highly connected cluster of visible local entities such as businesses form a clique at the centre of this network, with individual residents following these but not one another. We then plot the locations of these entities and demonstrate that sub-communities in the network are formed due to close geographical proximity between smaller sets of businesses. These observations are illustrated with qualitative evidence from interviews with users who suggest instead that rather than being connected to one another they benefit from what has been described as ‘neighbourhood storytelling’. Despite the limitations of working with Twitter data, we propose that this multi-modal approach offers a valuable way to investigate the experience of using social media as a communication tool in urban neighbourhoods. (shrink)

The text offers a comprehensive introduction to business law and the Jordanian legal system. The textbook provides for key concepts and terms, contract basics, corporate structures, legal aspects of buying and selling, common pitfalls, international business issues and more. The text is comprehensive, in that there are chapters that cover what one would expect a business law text to cover, including intellectual property, real property, insurance, and bankruptcy.

The article begins with a view of recent developments in the discipline of business law. A model useful in the study of business ethics is presented. Business ethics is the philosophical examination of the body of values and conceptions that influence business decision making as well as being pervasive components of the social environment in which businesses operate. Our model is a four-part framework for approaching business ethics which is sensitive to its implications for (...) class='Hi'>business law. The model's four parts are: (1) ethical theory, (2) institutional frameworks, (3) organizational cultures, and (4) individual moral choice and responsibility. Topics, issues, and kinds of material appropriate for approaching each of these four are presented, and a list of scholarly articles, books, and court cases, is included as a source of additional classroom material. (shrink)

This collection explores the subject of conflicts of interest. It investigates how to manage conflicts of interest, how they can affect well-meaning professionals, and how they can limit the effectiveness of corporate boards, undermine professional ethics, and corrupt expert opinion. Legal and policy responses are considered, some of which (e.g., disclosure) are shown to backfire and even fail. The results offer a sobering prognosis for professional ethics and for anyone who relies on professionals who have conflicts of interest. The contributors (...) are leading authorities on the subject in the fields of law, medicine, management, public policy, and psychology. The nuances of the problems posedby conflicts of interest will be highlighted for readers in an effort to demonstrate the manyways that structuring incentives can affect decision making and organizations' financial well-being. (shrink)

The aim of this article is to critically reflect on the Polish transformation taking place in the interpretation of business law in the form of legal clarifications that can be qualified as a soft law guidance. The article attempts to address the following questions: does the new Polish legal framework offer really novel approaches to the interpretation of business law and/or its tools? What are the peculiarities that characterize the new instrument for the interpretation of business law (...) in the form of legal clarifications? What are the pros and cons of legal clarifications? What is the potential practical importance of the introduced interpretation tool, in particular in the context of certain previously existing tools for the interpretation of legal texts? To this end, first, the article sheds light into types of the interpretation of legal texts as well as soft law guidance. Second, it analyses the distinctive features of legal clarifications. Third, it contains the concise comparison of legal clarifications to certain previously existing instruments. In the last part before the conclusion, the topic required an attempt at an assessment. The point of the analysis in this article was both descriptive and normative. (shrink)

The comparative seriousness of business law and business ethics gives some business people the impression that there is nothing important in business ethics. The costly penalties of illegal conduct compared to the uncertain consequences of unethical conduct support a common illusion that business ethics is much less important than law for business people. To dispel the illusion I distinguish two perspectives from which we can view the relation of business and normative systems: the (...) internal and external perspectives. I show that in one perspective, ethics is hardly less important than law, and in the other perspective it is more important, more fundamental than law. I conclude with a discussion of why business persons must place ethical and legal rules ahead of profits. (shrink)

Henry Hansmann has claimed we have reached the “end of history” in corporate law, organized around the “widespread normative consensus that corporate managers should act exclusively in the economic interests of shareholders.” In this paper, I examine Hansmann’s own argument in support of this view, in order to draw out its implications for some of the traditional concerns of business ethicists about corporate social responsibility. The centerpiece of Hansmann’s argument is the claim that ownership of the firm is most (...) naturally exercised by the group able to achieve the lowest agency costs, and that homogeneity of interest within the ownership group is the most important factor in achieving lower costs. He defends this claim through a study of cooperatives, attempting to show that homogeneity is the source of the competitive advantage most often enjoyed by shareholders over other constituency groups, such as workers, suppliers and customers, when it comes to exercising control over the firm. Some business ethicists, impressed by this argument, have taken it to be a vindication of Milton Friedman’s claim that profit-maximization is the only “social responsibility” of management. I would like to suggest that this conclusion does not follow, and that the “Hansmann argument” lends itself to a less minimalist view, what I refer to as a “market failures” approach to business ethics. (shrink)

This essential business ethics text touches on many themes important to future leaders of business. Broad in its scope, the book presents the business aspects of philosophy, law, politics, government policy, and education. The material is designed to heighten the reader's sensitivity to the moral domain existing in business. As the culture of American "big business" has clouded the view of society towards business professionals, Ethics, Law, and Business realizes a need to prepare (...) business students for leadership roles in the communities, as well as in business. This text discusses the basics of free speech, violence, affirmative action, and public education. Filling an important gap, this textbook presents imminently readable information on several business topics. In the past, there was not one or even any combination of books that provided the necessary coverage in a usable format. This book is appropriate for a semester course on business ethics in any graduate or undergraduate program. This textbook will be accompanied by an Instructor's Manual written by Wines and Nancy L. Bodie, Boise State University. It will feature PowerPoint slides, discussion problems, test items, and teaching suggestions. (shrink)

What makes political freedom valuable to us? Two well-known arguments are that freedom contributes to our desire satisfaction and to our personal responsibility. Here, Boudewijn de Bruin argues that freedom is valuable when it is accompanied by knowledge. He offers an original and systematic account of the relationship between freedom and knowledge and defends two original normative ideals of known freedom and acknowledged freedom. -/- By combining psychological perspectives on choice and philosophical views on the value of knowledge, he shows (...) how known freedom is crucial to satisfy our desires and assume responsibility. Known freedom is compromised when salespeople deploy consumer-obfuscation, or when news outlets use contextual framing techniques to steer the way their audiences process information. Conversely, carefully developed consumer protection and information disclosure regulation can foster known freedom. Acknowledged freedom, from ethical and economic perspectives, offers protection and makes our freedoms more stable. It embodies an ideal of mutual recognition that underlies informed consent and the ethics of communication, and can also contribute to a flourishing corporate culture. -/- This book integrates and extends cutting-edge research from philosophy, economics, psychology, and law to reorient debates on privacy, neuromarketing, sustainable finance, corporate culture, consumer protection, media violence, and freedom of speech. -/- An original account of the relation between freedom and knowledge, integrating cutting-edge research from philosophy, economics, psychology, and law; defends the ideals of known and acknowledged freedom; offers new perspectives on debates surrounding privacy, corporate culture, consumer protection, freedom of speech, and more -/- Introduction: Why Freedom is Not Enough 1:From Choice Overload to Discrimination: Arguments for Freedom 2:From Brainwashing to Neuromarketing: Freedom of Belief 3:From the Value of Knowledge to Skills and Stereotypes: The Individual Ideal of Known Freedom 4:From Common Knowledge to the Ethics of Communication: The Social Ideal of Acknowledged Freedom 5:Sustainable Finance and Responsible Investors 6:Ethics Management and Informed Stakeholders 7:Freedom of Speech and Consumer Autonomy 8:Liberal Privacy and Legal Protection Conclusion: How Freedom Can Be Sufficient . (shrink)

This article discloses topical issues of the need for constant monitoring of changes in the business activity in enterprise structures. The main purpose of the study is to monitor the business activity of industrial enterprise structures of Ukraine to predict their development under martial law. A critical analysis of the content of scientific publications to solve the problem of improving the management of business activity of business structures revealed the lack of attention of scientists to the (...) problems under study. The relevance of its solution is due to the scale of the impact of military conflicts on the business activity in enterprise structures, which requires its monitoring to further establish the state and ensure compliance of the business with the norms that are considered necessary to maintain a certain level of stability of development or to survive, to determine areas where the business can improve its activities and become more profitable. The methodological basis is the system of methods used to obtain the final results of the study: theoretical generalization – to deepen the essence of the concept of «monitoring business activity»; analysis, synthesis and logical generalization – to obtain conclusions during monitoring of business confidence and business climate in industry; prognostic – to predict the development of industrial business structures of Ukraine under martial law. The object of research in the work is the business activity of business structures. The article presents the results of monitoring business confidence and business climate in the industry of Ukraine under martial law. Analysis, synthesis and logical generalization of monitoring results became the basis for further forecasting the development of business structures. The results of the study can be useful for business structures that seek to maintain a certain level of stability of development and identify areas of improvement. (shrink)

This book contains the Rockwell Lectures delivered at Rice University in February, 1989. What should a business firm do when its activities are within the law, yet potentially harmful? Each of the lectures is built around a case, reflecting the ethical dilemma faced by business managers when doing more than the law requires, which may mean substantial loss of profit. With the issue of dial-a-porn, telephone companies were faced with conflicting interests of protecting children against harm, preserving free (...) speech, and profit. In a property sales case, a potential flooding problem could result in substantial financial loss to the purchaser and damage to condominiums. In a case where the complete bid of a competitor had been obtained and the law was murky, winning a contract was pitted against fairness and honesty. (shrink)

This book focuses on two central debates:how to introduce higher ethical standardshow to regulate business activity and prosecute offenders The authors bring ...

Based on a model used in the Harvard Business School course on leadership, the three key elements of decision making (the Three Pillars) are strategy, law and ethics. This book shows students how to use the Three Pillars to make successful business decisions that manage risk (the Law Pillar) and create value (the Strategy Pillar) in a responsible manner (the Ethics Pillar). Through the Three Pillar framework, students will understand why law is a positive, value-creating force that enables (...) them to succeed in business. The book applies this practical framework to six areas of the law that, according to surveys, are most important to business leaders: employment law, product liability, government regulation, intellectual property, contracts and dispute resolution. The book includes many end-of-chapter scenarios that enable students to practice their decision-making skills using the Three Pillars model. (shrink)

This paper considers the UN efforts to introduce a legally binding Treaty on corporate accountability for human rights impacts in the context of other proposed legislation at country level, on the one hand, and existing voluntary initiatives like the UN Guiding Principles (2011), on the other. What we are interested in is whether the proposed Treaty signals a transition from voluntary initiatives (based on moral commitments) to law (that is, a focus on compliance), and the extent to which it might (...) stimulate or hinder links between judicial and non-judicial initiatives. The scholars who have explicitly addressed these two divides are – Michael Sandel, on theory v. practice; and Amartya Sen, on law v. morality. We engage with their views, in sections II and III respectively, seeking to build an integrated approach to help us overcome these dualisms. We further consider John Ruggie’s “principled pragmatism”, a strategy that he uses to build the Protect, Respect and Remedy (henceforth, PRR) Framework; and we invoke arguments from casuistry as well as a practice-focused deontology (Thomas Donaldson’s) in favour of an ethics ‘beyond cognition’, which we consider better suited than either utilitarian or principle-based theories to guide the debate on human rights. This is because it allows us to take non-rational factors into account (such as emotions and personal affiliations), when judging the kind of common good we consider worth pursuing. In the last section of the paper, we investigate whether and how might the Treaty illustrate the two divides, trying to (a) distinguish between purely legal elements and those of a wider nature, to do with morality; and (b) understand what might help bridge the gap between theoretical commitments to the universality of human rights and various practical challenges. Our aim is not to evaluate the Treaty, from a legal viewpoint, or suggest improvements to it (lawyers are better placed to do that); rather, we seek to investigate the way in which the proposed Treaty – which is the first attempt to address the challenge of transnational business and human rights in international law – combines moral and legal aspects, and what this tells us about the world we live in. (shrink)

Can business be a moral enterprise? -- Employee rights and responsibilities : the internal constituencies of business -- Customers, community, and world : the external constituencies of business.

We describe the Catholic natural law tradition by examining its origins in the medieval penitentials, the papal decretals, the writings of Thomas Aquinas, and seventeenth century casuistry. Catholic natural law emerges as a flexible ethic that conceives of human nature as rational and as oriented to certain basic goods that ought to be pursued and whose pursuit is made possible by the virtues. We then identify four approaches to natural law that have evolved within the United States during the twentieth (...) century, including the traditionalist, proportionalist, right reason, and historicist approaches. The normative implications of these approaches are discussed in relation to ethical issues in the tobacco industry, ITT under Geneen, the marketing of pharmaceuticals, affirmative action, and bribery. It is argued that Alasdair MacIntyre is correct in claiming that the natural law tradition is superior to the liberal ethics of modern deontology and utilitarianism. (shrink)

This paper seeks to understand the transmission and reception of legal rules as a component of the regulatory compliance process. It adopts a frontline approach to regulatory compliance that traces the grassroot functioning of compliance processes from regulator, to compliance managers to individual employees. Through a multilevel and multi-sited ethnography of worker safety protection in Chinese construction industry, this paper shows that in the cases studied there is a fundamental disconnect in the transmission and reception of law from regulator to (...) organization and within the regulated organization. Yet at the same time, the paper finds that employees did comply with the law, and that thus compliance can exist without a full transmission and reception of legal rules into and within the regulated organization. By expanding the frontline approach to study regulation and compliance to look at the grassroots operation across three different frontlines, this study has been able to assess the legal assumptions inherent in existing regulatory compliance research. Not only does it find that compliance in these cases was not a top-down process and that we need to look at the grassroots operation inside organizations, it also shows that law does not always play a central role in regulatory compliance and that we need to reassess the implicit focus on law in regulatory compliance scholarship. (shrink)

We describe the Catholic natural law tradition by examining its origins in the medieval penitentials, the papal decretals, the writings of Thomas Aquinas, and seventeenth century casuistry. Catholic natural law emerges as a flexible ethic that conceives of human nature as rational and as oriented to certain basic goods that ought to be pursued and whose pursuit is made possible by the virtues. We then identify four approaches to natural law that have evolved within the United States during the twentieth (...) century, including the traditionalist, proportionalist, right reason, and historicist approaches. The normative implications of these approaches are discussed in relation to ethical issues in the tobacco industry, ITT under Geneen, the marketing of pharmaceuticals, affirmative action, and bribery. It is argued that Alasdair MacIntyre is correct in claiming that the natural law tradition is superior to the liberal ethics of modern deontology and utilitarianism. (shrink)

Many business ethicists assume that if a type of conduct is illegal, then it is also unethical. This article scrutinizes that assumption, using the rideshare company Uber’s illegal operation in the city of Philadelphia as a case study. I argue that Uber’s unlawful conduct was permissible. I also argue that this position is not an extreme one: it is consistent with a variety of theoretical commitments in the analytic philosophical tradition regarding political obligation. I conclude by showing why (...) class='Hi'>business ethicists would have a better rejoinder to the “dominant view” of business ethics associated with Milton Friedman if they dispensed with the assumption that illegal implies unethical. (shrink)

Non-Humean accounts of lawhood are said to founder on the Inference Problem, which is the problem of saying how laws that go beyond the regularities can entail the regularities. I argue that the Inference Problem has a simple solution – the Axiomatic Solution – on which the non-Humean only needs to outfit her laws with a law-to-regularity axiom. There is a remaining Epistemic Bulge, as to why one should believe that the posit-so-axiomatized is to be found in nature, but the (...) non-Humean can flatten the bulge. Lawhood serves as a case study of how fundamental posits can do their business. (shrink)

During the current financial crisis, the need for an alternative to a laissez-faire ethics of capitalism (the Milton Friedman view) becomes clear. I argue that we need an order ethics which employs economics as a key theoretical resource and which focuses on institutions for implementing moral norms. -/- I will point to some aspects of order ethics which highlight the importance of rules, e.g. global rules for the financial markets. In this regard, order ethics (“Ordnungsethik”) is the complement of the (...) German conception of “Ordnungspolitik” which also stresses the importance of a regulatory framework. This framework is needed not to tame the market, but to make it more profitable in the long run. -/- The conception of order ethics relies heavily on contractarianism, especially on James Buchanan’s work. Unlike many other conceptions of ethics, it does not start with an aim to achieve, but rather with an account of what the social world – in which ethical norms have to be implemented – is like. Our social world is different from the pre-modern one. Pre-modern societies played zero-sum games in which people could only gain significantly at the expense of others. And the types of ethics that we are still used to today have been developed within these pre-modern societies. -/- Modern societies, by contrast, can be characterised – by economists and other social theorists alike – as societies with continuous growth. This growth has only been made possible by the modern competitive market economy which enables everyone to pursue his own interests within a carefully devised institutional system. In this system, positive sum games are played, which makes it in principle possible to improve the position of every individual at the same time. Most kinds of ethics, however, resulting from the conditions of pre-modern societies, ignore the possibility of win-win-situations and instead require us to be moderate, to share, to sacrifice, as this would have been functional in zero-sum games. These conceptions distinguish – in more or less strict ways – between self-interest and altruistic motivation. Self-interest, more often than not, is ultimately seen as something evil. -/- Such an ethics cannot be functional in modern societies. Ethical concepts lag behind. Within zero-sum games, it was necessary to call for temperance, for moderate profits, or for a condemnation of lending money at interest. Within positive-sum games, however, the morally desired result of a social process cannot be brought about by changes in motivation, by switching from ‘egoistic’ to ‘altruistic’ motivation. The second theoretical element introduced by order ethics is the distinction between actions and rules, which was already mentioned. Traditional ethics concerns actions: It calls directly for changes in behaviour. This is a consequence of pre-modern conditions as reconstructed before: People in the pre-modern world were only able to control their actions, not so much however the conditions of their actions. In particular, rules like laws, constitutions, social structures, the market order, and also ethical norms have remained stable for centuries. In modern societies, this situation has changed entirely. The rules governing our actions have increasingly come under our control. -/- In this situation, ethics has to focus on rules. Morality must be incorporated in incentive-compatible rules. Direct calls for changes in behaviour without changes in the rules lead only to an erosion of compliance with moral norms. Individuals that continue to behave ‘morally’ will be singled out, because the incentives have not been changed. Moral norms which are to be justified cannot require people to abstain from pursuing their own advantage. People abstain from taking ‘immoral’ advantages only if adherence to ethical norms yields greater benefits over the planned sequence of actions than defection in the single case. Thus ‘abstaining’ is not abstaining in the long run, it is rather an investment in expectations of long-term benefits. By adhering to ethical norms, I become a reliable partner for interactions. The norms do indeed constrain my actions, but they simultaneously expand my options in interactions. And people consent to rules only if these rules hold greater advantages for them, at least in the long run. -/- In general, ethics cannot require people to abandon their individual calculation of advantages. However, it may suggest improving one’s calculation, by calculating in the long run rather than in the short run, and by taking into account the interests of our fellows, as we depend on their acceptance for reaching an optimal level of well-being, especially in a globalized world full of interdependence. -/- The problem of implementation can now be placed at the beginning of a conception of order ethics, justified with reference to the conditions of modern societies I have sketched. Under the conditions of pre-modern societies, an ethics of temperance had evolved that posed simultaneously the problems of implementation and justification. The implementation of well-justified norms or standards could then be regarded as unproblematic, because the social structures allowed for a direct face-to-face enforcement of norms. Pre-modern societies not only favored an ethics of temperance, they also had the instrument of face-to-face-sanctions within their smaller and non-anonymous communities. This instrument is no longer functional in modern anonymous societies, and so we have to face up to the problem of implementation right at the start of our ethical conception. Simultaneously, an order ethics relies on the implementation of sanctions for enforcing incentive-compatible rules. In modern societies, rules and institutions, to a large extent, must fulfil the tasks that were, in pre-modern times, fulfilled by moral norms, which in turn were sanctioned by face-to-face sanctions. Norm implementation in modern societies thus works by setting adequate incentives in order to prevent the erosion of moral norms, which would happen if ‘moral’ actors were systematically threatened with exploitation by other, less ‘moral’ actors. -/- This conception of order ethics is then elaborated further in the area of business ethics. -/- . (shrink)

The Principles of Corporate Governance require that business conduct conform to the law. In recent years, news reports of business misconduct have cast doubt on a conclusion that conformity is the prevalent practice. This article explores the influence of law on business conduct by comparing the law’s requirements and purposes with actual business conduct in the market. Specifically, it explores whether certain legal regimes are more effective than others in inducing greater commitment to legal compliance by (...) corporate actors. The conclusion drawn is that the prevalent legal regime – a vague common law or legislative mandate – is typically associated with corporate conduct that evades or ignores the law’s mandate or its underlying purpose. (shrink)

In this paper, the author intends to present an approach against lengthy contracts, judgements, and pleadings. He describes the advantages of brevity, conciseness, and plain English, focusing on research in Israel and abroad. An extreme example of how a whole page may be condensed into one sentence is provided by the author, as well as the opinion of a Supreme Court Chief Justice regarding methods to be used in writing good judgments, and a lawyer’s proposal to summarize pleadings. In the (...) second part of this paper, the author briefly illustrates the differences between three disciplines: Law, Business Administration, and Social Sciences. He proposes that the Law should examine and adopt several elements from other disciplines that can have a positive impact on legal language. (shrink)

Business ethicists should examine ethical issues that impinge on the perimeters of their specialized studies (Byrne 2011 ). This article addresses one peripheral issue that cries out for such consideration: the international resource privilege (IRP). After explaining briefly what the IRP involves I argue that it is unethical and should not be supported in international law. My argument is based on others’ findings as to the consequences of current IRP transactions and of their ethically indefensible historical precedents. In particular (...) I examine arguments from political philosophy for more equitable distribution of resources and appeals to property rights as a means of achieving this; business ethicists’ critiques of contemporary resource appropriations; and legal historians’ accounts of despoliation of aboriginal peoples, especially in what is now the United States, involving acquisition via conquest, asserted jurisdiction, and religious and racial preeminence. I also consider relevant human rights’ standards; supportive views of some theorists, especially early modern realists and current supporters of group rights and multidimensional rectification; some de facto incidences of substantive restitution; and proposals for effecting further rectification. (shrink)

This article describes Catholic natural law tradition by examining its origins in the medieval penitentials, the papal decretals, the writings of Thomas Aquinas, and seventeenth-century casuistry. Catholic natural law emerges as a flexible ethic that conceives of human nature as rational and as oriented to certain basic goods that ought to be pursued and whose pursuit is made possible by the virtues. Four approaches to natural law that have evolved within the United States during the twentieth century are then identified, (...) including the traditionalist, proportionalist, right reason, and historicist approaches. The normative implications of these approaches are discussed in relation to ethical issues in the tobacco industry, ITT under Geneen, the marketing of pharmaceuticals, affirmative action, and bribery. It is argued that Alasdair MacIntyre is correct in claiming that the natural law tradition issuperior to the liberal ethics of modern deontology and utilitarianism. (shrink)

The recent global financial crisis raises pressing issues that are not exclusively economic. The health of the economy, Kevin T. Jackson contends, reflects the moral health of the wider culture: ethics must be considered along with economics to understand world markets, especially now that globalization and other forces have increasingly complicated the regulation of transnational corporate conduct. Virtuosity in Business calls on businesspeople and ethicists to expand their thinking by stressing the profound relevance of philosophy to business and (...) economics. Virtuosity in Business shows that ethics has been the overriding problem for business and that it is the only enduring solution. Drawing on a variety of philosophical sources, including Aristotle, Thomas Aquinas, and Jean-Paul Sartre, Jackson applies the concept of virtue to the competitive realm of the marketplace. Virtuosity, in all realms of human endeavor, is not merely a display of technical skill or adherence to conventional norms. The invisible law of virtuosity, which discourages misconduct and rewards good corporate citizenship, guides ethical firms and wise entrepreneurs toward greater success by playing a constructive part in the human enterprise. A pioneering work in the contemporary philosophy of business, Virtuosity in Business revivifies business ethics to address concerns arising from the global financial crisis, such as restoration of faith in the market, respect for human rights, and environmental sustainability. (shrink)

The Texas Advance Directive Act allows physicians and hospitals to overrule patient or family requests for futile care. Purposefully not defining futility, the law leaves its determination in specific cases to an institutional process. While the law has received several criticisms, it does seem to work constructively in the cases that come to the review process. We introduce a new criticism: While the law has been justified by an appeal to professional values such as avoiding harm to patients, avoiding the (...) provision of unseemly care, and good stewardship of medical resources, it is applied incompletely. It allows physicians and institutional committees to refuse “futile” treatments desired by patients and families while at the same time providing no way of regulating physicians who recommend or even push “futile” treatments in similar cases. In this sense, the TADA is incomplete on its own terms. (shrink)

The author offers perspectives that can assist healthcare managers in achieving the highest ethical standards as they face their roles as healthcare providers, employers, and community service organizations. He also examines how to comply with relevant laws and regulations, provide high quality patient care with limited resources, and more.

One of the most striking features of Athenian laws regulating commercial activities is the absence of any concept akin to the modern legal notion of the partnership or corporation. Despite the presence in Athenian society of numerous koinoniai, groups of individuals cooperating for some purpose, be it commercial or otherwise, Athenian law concerned itself solely with individual persons and did not recognize the separate legal existence of collective entities. And just as Athenian law did not recognize the legal existence of (...) partnerships or corporations, it also did not possess the notion of corporate liability. This meant that if someone entered into an agreement with a group of individuals and one of those individuals violated the terms of the agreement, the plaintiff proceeded only against the individual who acted contrary to the agreement, not against the group as a whole. If the plaintiff won his suit, he only had a right to receive compensation from the defendant's private property; he did not have a claim on all the funds held in common by the group. (shrink)

A concept for teaching business ethics and its relationship with business law is developed. Legal regulations form the essential boundaries of the business game. Many students do not realize the degree to which law is dependent upon ethical actors to achieve its objectives. At least three examples are insightful in this regard: First, the interpretive requirements of legal rules often rely on the ethical character of the interpreting business actor to achieve their objectives. Second, law does (...) not prohibit harms from occurring, it only associates costs with behaviors. Third, law cannot compensate society for non-fungible harms. Legal regulations do not sustain the orderly function of society without ethical business actors. (shrink)