Unit 1 - Assignment 1
Assignment Type:
Individual Project
Deliverable Length:
5 pages
Points Possible:
125
Due Date:
5/5/2013 11:59:59 PM
Analyze and explain the state of our legal system in terms of ethics.
Does our legal system promote good ethics or bad ethics?
What is the role of judges in promoting good legal ethical practices?
Please use at least one research site to support your statements.
The deliverable length requirement is five pages. For additional research and APA information, please
read Appendix A, B, C, G, and R.
Please submit your assignment.
For assistance with your assignment, please use your text, Web resources, and all course materials.
Unit Materials
Unit 1 Course Materials
Unit Materials
Unit 1 Course Materials
Presentation
Presentation: The Law, U.S. Constitution, Judicial & ADR
Learning about law requires that you begin a journey with no middle or end, and that you use many of
the skills you already have: the ability to read and comprehend, to write and support your ideas, and to
speak and persuade with arguments. The study of business law requires an understanding of the legal
system that will affect daily business decisions. The American legal system has survived as a viable and
respected system because it is flexible. You must be equally flexible.
The law consists of rules that regulate the conduct of individuals, businesses, and other organizations.
Legal rules have a purpose. When the reason for a rule is no longer valid, the law must be changed. This
is what we mean when we say that the law is flexible.
Our legal system consists of the federal and the state systems. The U.S. Constitution is the supreme law
of the land, and spells out the powers of the federal government. Those powers not enumerated in the
Constitution are reserved for the states.
Federal statutes are one source of law and are enacted by Congress. As U.S. law developed, the federal
legislature discovered the need to create federal administrative agencies, and grant them the power to
create rules and regulations.
The state has the power to create common law. Common law is the right that judges have to create law.
Examples of common law are contract law and agency law. The power to create common law by judges
is not given to federal judges.
The enumerated powers in the Constitution delegate the conduct of national and international affairs to
the federal government. The U.S. Constitution, treaties, federal laws, and federal regulations are the law
of the land. Any local legislation in conflict with them is unconstitutional. Where federal laws do not
expressly prescribe federal jurisdiction, state and local governments have concurrent jurisdiction, which
must not be in conflict with federal law.
The process of litigation begins in the state court system in a trial court. Most states have an
intermediate appellate court that hears all properly appealed cases from the trial courts. If the appellate
court renders a decision that either party decides is contrary to the facts or the law, the next appeal is to
the supreme court of the state in which the trial began.
Like the state court system, the federal court system begins with a trial court. Each state and the District
of Columbia have at least one federal trial court, known as a district court. The U.S. Courts of Appeals
constitute the federal intermediate appellate system. A decision from the federal court of appeals can
itself be appealed to the Supreme Court of the United States. Several forms of alternative dispute
resolution include:
Arbitration, wherein the parties choose an impartial third person—called an arbitrator—to hear the
facts of the dispute.
Mediation and conciliation, in which a neutral third person assists the parties in finding a solution, or
settlement.
Minitrial, which is a session that lasts one day or less, in which lawyers for both sides present their
case to representatives of each party who have authority to settle the dispute.
Fact-finding, which is a process in which the parties hire a neutral person to investigate the facts in the
dispute.
Judicial referee, where a judicial referee is hired to conduct a private trial and render a judgment.
Presentation
Presentation: Morality
Introduction
Society perceives that ethics and corporate responsibility are an integral part of acceptable business
practice. Society no longer buries it head to secrecy and decisions that make a few wealthy but hurt
many. Investors want to see what the company is up to. A former American Stock Exchange chief was
noted to say during an interview that top corporate executives must set an appropriate ethical tone at
their companies in order to rebuild public trust in their firms and their shares.
This unit defines morality and discusses how morality applies to business ethics. There are many
different moral philosophies that help explain how and why people make different moral decisions
when faced with the same dilemma.
Ethical Theory and Business Practice
Why so much interest in ethics today? In part, the public's interest in corporate scandals has made
universities sit up and take notice. More and more schools are offering ethics courses, encouraging
students to apply ethics to their everyday lives and in all aspects of their lives. Students are finding it
more relevant due to a recent rash of financial corporate scandals they can relate to. They are seeing
and experiencing for themselves that crossing the line to unethical and illegal behavior hurts.
Morality refers to the principles or rules of moral conduct and is concerned with the social practices
defining right and wrong. Ethical theory and moral philosophies provide guidelines for justification of
right or wrong actions when settling human conflict. No one moral philosophy is accepted by everyone.
People assess situations based on their own moral beliefs.
There are several theories that study moral behavior, such as the descriptive approach, cultural
relativism, utilitarian theories, Kant's respect-for-persons principle, common morality theories, and
feminist theories, to name a few.
When dealing with ethical dilemmas, there is no one correct answer. What one person sees as morally
correct will be different for another person. These differences are based upon which philosophies
people subscribe to and peoples' individual values and beliefs.
The Purpose of the Corporation
Why do corporations exist? Your first response is probably to make money. That's true, but that's not
the only reason. Corporations provide products and services to consumers, or businesses, maybe other
countries. Is this enough? Many say no. A corporation has a social responsibility to its stakeholders:
employees, stockholders, employees, customers, the community, the environment, overseas
stakeholders, and women and minorities.
Companies are finding ways to integrate the needs of the corporations with those of its stakeholders.
Corporations are able to see a link between corporate social responsibility and profitability through their
interaction with their stakeholders, as well as managing the environment around them (for example,
reducing the energy inputs, reducing toxic dispersion, and so forth). Corporations can no longer work
solely for stockholders. They are inextricably linked to the social, ecological, and human fabric,
responsible to all stakeholders in varying degrees. When a corporation is not healthy, it impacts other
parts of society, just as the health of one part of the human body can affect the overall health of one's
body. Companies with good social and environmental records perform better in the long run than those
that do not behave responsibly.
Article
Article: Ethical Decisions
One of the many challenges of implementing ethical decisions and choices consistently is the ambiguity
of what is and is not the ethical thing to do. It may seem that some solutions are more ethical than the
others when the variables are more complex and the pressure is on to make choices. The decisions no
longer seem so obvious when a person is forced to weigh one set of morals against another set.
Think about different applications of persuasion, such as political campaigns, advertising campaigns,
public relations campaigns, or the sales of goods and services. Each application has a different set of
legal and moral standards by which it abides. Not only must a persuader be concerned with his or her
message but also with how that message might be perceived by his or her audience and any implications
of those perceptions.
That audience includes customers, competitors, coworkers, employees, and employers. Any
communicator representing a company, person, or product has the responsibility to behave ethically
and be held accountable for his or her actions. Clearly, it is very important that companies address
ethical standards and provide for training and discussion of acceptable behavior, highlighting potential
or likely dilemmas employees may face (internally and externally) and providing safe channels to
communicate concerns or report unethical behavior. Improving ethical judgment includes education,
practice, repetition, and reinforcement, just like any other business skill.
To provide a general framework to reference across industries and type of ethical dilemma, Charles
Larson (1992) poses the following nine questions to help improve ethical judgment as it relates to
persuasive contexts:
Can I specify exactly what ethical criteria, standards, or perspectives are being applied by me or
others?
Can I justify the reasonableness and relevancy of these standards for this particular case?
Can I indicate clearly in what respects the communication being evaluated succeeds or fails in
measuring up to the standards? What judgment is justified in this case about the degree of ethicality?
In this case, to whom is ethical responsibility owed—to which individuals, groups, organizations, or
professions? What is the communicator’s responsibility to him- or herself and to society at large?
How do I feel about myself after this ethical choice?
Can the ethicality of this communication be justified as a coherent reflection of the communicator’s
personal character?
If called upon in public to justify the ethics of my communication, how adequately could I do so? What
generally accepted reasons or rationale could I appropriately offer?
Are there precedents or similar previous cases to which I can turn for ethical guidance?
How thoroughly have alternatives been explored before settling on this particular choice?
The questions offered by Larson force you to consider the effects and implications of your decisions and
how you will defend these choices to different groups. Repeatedly going through a sequence of
questions like these, especially in tricky situations, can assist people in creating an innate set of ethical
guidelines that will lead them in their decision making. Larson’s questions can be used to evaluate
personal behaviors and actions or those of others.
The group itself begins to detect areas that need improvement or further examination of the details
when everyone is consciously involved with and committed to practicing ethical choices in an
organization. Employees enjoy being and feeling like a part of something that is morally and ethically
right, especially when you consider various scandalous business practices of the past. If a company can
create this type of ethical environment internally, then the employees will likely defend and protect
their environment.
Reference
Larson, C. U. (1992). Persuasion reception and responsibility (6th ed.). Belmont, CA: Wadsworth.
Presentation
Ethical Decision Making
Free market theory provides a systematic view of the proper protocol of business in society. In general,
the free market theory tells us that business managers have one overriding responsibility: to maximize
the profits of the business. Whether a sole proprietorship, partnership, small business, or a large
corporation, this responsibility is constrained by avoiding fraud, coercion, and engaging in lawful
behavior.
Ethics is a major consideration in examining the actions of managers and the functioning of business
organizations. An ethically minded business focuses on:
Integrity: focusing on the character of the individuals involved in the decision or action
Consequences: focusing on good and bad decisions. And,
Duties, obligations, and principles: focusing on fairness, justice, and respect for individuals and
property.
There are six steps to ethical decision making that businesses can follow:
Gather the facts: ask if there are any legal issues, corporate rules, or regulations to consider.
Define the ethical issues, such as lying to customers, job discrimination, accepting bribes or kickbacks,
overstating the capability of a product/service, and using corporate resources for personal gain.
Identify the affected parties.
Identify the consequences—whether good or bad.
Identify the obligations to consumers and the business environment. And finally,
Use creative thinking for potential solutions.
Small Business and Entrepreneurship
A small business is independently owned and managed and does not dominate its market. Small
businesses are crucial to the economy because they create new jobs, foster entrepreneurship and
innovation, and supply goods and services needed by larger businesses. Several types of businesses
include:
Sole proprietorships: which consist of one person doing business. While they offer freedom, privacy,
and tax benefits, they can be hindered by limited access to talent and capital, and lack of continuity.
Partnerships: which are proprietorships with multiple owners. They typically have easier access to
talent and capital.
Corporations: which are independent legal entities that offer continuity, significant opportunities for
raising money, and limited liability for the owners. And,
Franchising: in which a parent company supplies financial, managerial, and marketing expertise to the
franchisee, who buys the right to sell the franchiser’s product.
One of the first choices an entrepreneur must make is whether to buy an existing business or to start a
business from scratch. A successful existing business has working relationships with other businesses,
and has proven its ability to generate profit. While brand new businesses are more risky, they allow
their owners to plan and work with a clean slate. Most entrepreneurs rely heavily on their own
resources for financing, but may also receive financial aid from lending institutions, venture capital
firms, or the Small Business Administration.
Activity
Activity: Judicial Jurisdiction and the Legal Environment
Introduction
Like individuals, businesses today must operate in a multijurisdictional, multilayered, and multifaceted
system of public laws and private duties. Laws are rules that can be enforced by an authority, which has
been sanctioned by the government. The purpose of a law is to impose a code of conduct on individuals
and businesses alike that society has deemed desirable. Generally speaking, in the United States, laws
are written by our legislative branch of government, enforced by our executive branch of government,
and determined if valid by our judicial branch of government. Occasionally, there is some overlap;
however, sources of law may be constitutions and statutes from our legislative branch, common law
decisions from our judiciary, and administrative codes from our executive branch.
Conversely, a private duty refers to the binding relationships that citizens have with each other or with
their government. If breached, the obligation to follow these duties can be enforced through private
legal actions brought by citizens. These private duties arise in the form of contracts, torts, estates, and
family issues such as marriage and divorce. Private duties often encompass agreements or restrictions
entered into by businesses or individuals to regulate their relationships with other parties. These duties
may be restricted or altered by public laws in areas where there is a significant public interest, such as
marriage, civil rights, national security, or international relations. Ultimately, however, conflicts that
arise as a result of laws or as a result of a private duty are generally resolved by our judiciary.
Judicial Jurisdiction
Jurisdiction refers to the power conferred by the government to legally exercise control over people,
places, and things. In the United States, there are two primary types of judicial jurisdiction, federal and
state, which are very similar in their conceptual structure. Each has a trial court level, an appellate court
level, and a court of highest authority (referred to as the Supreme Court, both federally and in most
states). The judiciary of each state has jurisdiction over the people and property (real and personal)
located within its borders. Federal courts have original jurisdiction over federal controversies, which
may involve those rights protected by the U.S. Constitution, conflicts involving treaties with foreign
countries, and matters where the parties are domiciled in different states and the amount in
controversy exceeds $75,000. Moreover, state and federal courts may exercise concurrent jurisdiction
over certain matters, which can be initiated in either system.
Article
FAQ: The American Legal System
Question 1: What exactly is stare decisis, and why are this and other common law principles important
to the U.S. legal system?
Answer 1: Stare decisis is a Latin term that means let that stand which has been stated. It is used in
common law to express the notion that prior court decisions must be recognized as precedents and
followed when a similar case arises. The doctrine of stare decisis is not absolute, and it affords a court
discretion to depart from precedent if a compelling reason to do so exists.
In general, both the state and federal court systems have trial courts, intermediate appellate courts, and
a supreme court. Lower courts are bound to follow precedents established by the appellate courts
within their jurisdiction and the applicable federal or state supreme court. All courts, federal and state,
are bound by decisions of the U.S. Supreme Court. Stare decisis and many other principles of English
common law have formed the framework upon which the U.S. legal system is based.
Question 2: What are the differences in structure between the federal and state court systems?
Answer 2:
Federal Court System
There are two types of federal courts. The first type of court is known as an Article III court, which refers
to Article III of the U.S. Constitution. These courts derive their power from Article III of the Constitution
and include the following:
U.S. district courts
U.S. circuit courts of appeals
U.S. Supreme Court
In addition, they include two special courts:
U.S. Court of Federal Claims
U.S. Court of International Trade
These two courts are referred to as specialized because, unlike Article III courts, they are not courts of
general jurisdiction. They have jurisdiction to hear only certain types of cases (cases against the United
States and cases involving trade issues), but courts of general jurisdiction can hear almost any case that
meets other federal subject matter jurisdiction requirements (Understanding Federal and State Courts,
2004).
U.S. District Courts
Every state in the United States has at least one district court, with some larger states having as many as
four district courts. There are 94 district courts in the United States. U.S. district courts are often
referred to as courts of original jurisdiction because they are where the cases originated and where
trials are held.
U.S. Circuit Courts of Appeals
Any party who is not satisfied with the judgment of a U.S. district court may appeal to the U.S. circuit
court of appeals that represents the party's geographical district. This excludes criminal cases in which
the defendant is found not guilty. There are 13 U.S. circuit courts of appeals.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the federal court system. Unsatisfactory
decisions of a U.S. circuit court of appeals or a state supreme court (and rarely, a U.S. district court) can
be brought to the U.S. Supreme Court by the unsatisfied parties. This is done through a legal procedure
referred to as a petition for a writ of certiorari, which is approved by the discretion of the nine judges,
known as justices, on the Court (Understanding Federal and State Courts, 2004).
State Court Systems
No two state court systems are exactly alike; however, there are enough similarities to provide an
example of a typical state court system. State court systems generally include the following
(Understanding Federal and State Courts, 2004):
Two sets of trial courts
Trial courts of limited jurisdiction (such as probate, family, or traffic)
Trial courts of general jurisdiction
Intermediate appellate court(s)
The state Supreme Court
Question 3: What are state courts of limited jurisdiction?
Answer 3: Courts of limited jurisdiction are courts that hear only a specific type of case. Some examples
of state courts of limited jurisdiction are as follows:
Probate court: This court handles matters concerning wills and the distribution of property of a person
who has died.
Family court: This court handles matters concerning the validity of a marriage, divorce, and child
custody.
Small claims court: This court handles lawsuits between private persons involving a low dollar amount.
Question 4: Are there courts of limited jurisdiction in the federal court system? If so, what types of cases
can be heard by federal courts?
Answer 4:
Jurisdiction of the Federal Courts
The jurisdiction of the federal courts is spelled out in Article III, Section 2 of the United States
Constitution. Under the Constitution, federal courts are granted limited subject matter jurisdiction. This
means that the federal courts can decide only those cases in which the plaintiff can demonstrate subject
matter jurisdiction. Two of the most frequently raised bases for federal subject matter jurisdiction are
diversity of citizenship and federal questions.
Diversity of Citizenship
Diversity of citizenship cases involve suits between residents of different states and an amount in
question that exceeds $75,000.
Federal Questions
Article III of the U.S. Constitution provides that federal courts have jurisdiction over cases "arising under
this Constitution, the laws of the United States, and treaties made, or which shall be made, under their
authority" (U.S. Const.. art. III, § 2). Cases of federal question include the following types of cases
(Understanding Federal and State Courts, 2004, p. 6):
Federal crimes - These are crimes defined by or mentioned in the U.S. Constitution or those defined
and/or punished by federal statute. Such crimes include treason against the United States, piracy,
counterfeiting, crimes against the law of nations, and crimes relating to the federal government's
authority to regulate interstate commerce; however, most crimes are state matters.
Bankruptcy - This is the statutory procedure, usually triggered by insolvency, by which a person is
relieved of most debts and undergoes a judicially supervised reorganization or liquidation for the benefit
of the person's creditors.
Patent, copyright, and trademark cases
Question 5: What sorts of cases do state courts decide?
Answer 5: The jurisdiction of state courts basically extends to any type of case not falling within the
exclusive jurisdiction of the federal courts. Examples of cases within the jurisdiction of the state courts
include the following (Understanding Federal and State Courts, 2004, p. 7):
Cases involving the state constitution: These are cases involving the interpretation of a state
constitution.
State criminal offenses: These are crimes defined and/or punished by the state constitution or
applicable state statute. Most crimes are state criminal offenses. They include offenses such as murder,
theft, breaking and entering, destruction of property, etc.
Tort and personal injury law: These are civil wrongs for which a remedy may be obtained, usually in
the form of damages; a breach of duty that the law imposes on everyone in the same relation to one
another as those involved in a given transaction.
Corporations and business organization: This is the law governing the establishment, dissolution, and
asset distribution of corporations, partnerships, limited partnerships, limited liability companies, and so
forth.
Real property: This is land and anything growing on, attached to, or erected on it, excluding anything
that may be severed without injury to the land.
Question 6: What does concurrent jurisdiction mean? How does it affect the types of cases federal and
state courts can decide?
Answer 6: Concurrent jurisdiction refers to cases that could be heard in either state or federal court.
Many examples of concurrent jurisdiction are found in drug cases. Both the state and U.S. federal
government have laws preventing the possession and/or distribution of certain controlled substances.
When a defendant illegally possesses these drugs, he or she may be prosecuted in either state or federal
court because both have laws granting the court with jurisdiction over drug cases.
Question 7: Which court system (state or federal) hears most tort and personal injury cases?
Answer 7: The state court system hears the most tort and personal injury cases. In general, torts are a
matter reserved to state courts by the U.S. Constitution. Federal courts will hear tort cases that satisfy
the diversity of citizenship requirement and, in those cases, apply the state tort law applicable where
the tort occurred. Article IV courts also hear a number of tort cases because their creation by Congress
allows them to act in a dual capacity as both a federal and state court. Examples of Article IV courts are
the District Court for the U.S. Virgin Islands and the U.S. District Court of Guam.
Question 8: What is federal question jurisdiction and what are some examples of cases involving a
federal question?
Answer 8: Article III, §2 of the U.S. Constitution expressly limits the power of the federal courts to
certain types of cases. Cases within the power of the federal courts are those involving federal
questions. Article III, § 2 provides the pertinent part: "The judicial power shall extend to all cases, in law
and equity, arising under this Constitution, the laws of the United States, and treaties, made, or which
shall be made, under their authority. . ." (U.S. Const.. art. III, § 2).
If a litigant claims a constitutional violation or bases his or her cause of action on a federal statute or
treaty, the federal courts have federal question jurisdiction to hear that case. For example, if a woman
feels her employer has discriminated against her on the basis of sex, she can file suit against the
employer in federal court as it involves a federal statute—Title VII of the Civil Rights Act of 1964
(Race/Color Discrimination, 2007).
Question 9: What happens when a federal law conflicts with a state law or the decision from one federal
court differs from that of another?
Answer 9: Article VI of the U.S. Constitution states:
This Constitution, and the laws of the United States which shall be made in Pursuance thereof; and all
Treaties made, or which shall be made, under the authority of the United States, shall be Supreme Law
of the land; and the Judges in every state shall be bound thereby, anything in the Constitution or Laws of
any state to the contrary notwithstanding. (cl. 2)
This clause is known as the Supremacy Clause and clearly indicates to state court judges that the U.S.
Constitution and federal statutes trump any conflicting state statute or constitution.
In situations in which two federal district courts have interpreted a federal statute or provision of the
U.S. Constitution differently, the matter is resolved by the U.S. court of appeals for the geographic
region where the two district courts are located. If two U.S. courts of appeals interpret a federal statute
or constitutional provision differently, the U.S. Supreme Court will grant certiorari and address the issue
so there is uniform application of the law throughout the circuit courts of the United States. Certiorari is
an order from an appellate court issued to a lower court to provide the record of a particular case to the
higher court to review its judgment for legal error.
References
Understanding federal and state courts. (2004). Retrieved from United States District Court of Nebraska
Web site: http://www.ned.uscourts.gov/outreach/ODTFC_FedStateLessonPlan.pdf
Race/color discrimination. (2007). Retrieved from U.S. Equal Employment Opportunity Commission Web
site: http://www.eeoc.gov/types/race.html U.S. Const.. art. III, § 2.
U.S. Const. art. VI, cl. 2.
Article
Major Ethical Theories
Ethical theories provide frameworks and specific values for assessing situations and guiding decisionmaking processes, so the relative differences between right and wrong are understood, and appropriate
solutions are reached. Over time, ethical theories have evolved based on the belief systems of various
individuals and groups. Distinct differences exist between some ethical approaches while there may also
be notable overlap among theories. An understanding of the complexity of ethical perspectives is
secured through careful consideration of approaches and the underlying principles of them.
The Values of Ethical Theories
It is important to gain an understanding of the major ethical theories because such knowledge enhances
perspectives on moral principles and can provide a sound foundation for guiding an approach to life,
including personal and professional decisions. Individual values and ethics are shaped by the apparent
standards in environments as one matures, including the home, peers, and the community. What is
considered right or wrong by the culture in which one is raised is truly a guiding force, and those values
can often be linked to specific theories of individuals respected for their perspectives on ethics.
A universal ethical standard does not necessarily exist. Thus, an understanding of the theoretical bases
of ethics also heightens awareness of the differences in standards among individuals and cultures.
Furthermore, this information provides justification for motivations and actions. Acceptance of
alternative approaches to ethical situations may not always be realized, but recognition of the defining
factors is of value as matters are assessed.
Dealing With Moral Differences
According to the Sheldon Shumir Foundation for Ethics in Leadership (Ethical Relativism, 2008), "'Ethical
relativism' is the view that what is right and wrong can only be determined or justified relative to the
standards of the individual, group or culture in question." This belief recognizes the significant diversity
that exists in society and encourages a tolerance of varying values. In effect, it implies that universal
standards do not exist—one approach is not the only approach—which is apparent as awareness of the
varying standards of other cultures has become enhanced with globalization. Even within a particular
culture, differences will exist in ethical standards because environment forces can vary among
individuals and any type of group.
Universalism represents another perspective on ethics. According to this theory, there is some universal
basis for ethical standards, regardless of individual or cultural differences, because there are thought to
be some basic commonalities among cultures. This reasoning leads down the following two paths
(Postel, 2006):
Hard universalism: It is believed there is one set of standards to be followed by all, regardless of
differences, which is comparable to absolutism.
Soft universalism: It is believed that some commonalities exist among all with respect to ethics, but
interpretations and practices can differ. Soft universalism is similar to ethical relativism in its acceptance
of other approaches to situations.
Egoism and Altruism
The good of the individual and the common good are addressed by theoretical approaches and offer
other perspectives on factors that determine and should determine moral standards and practices.
Consequences are a primary consideration with these theories. Self-interest can serve as a guiding force
in one’s actions as exemplified by two thoughts on egoism. The psychological egoism perspective, a
belief that “all human actions are ultimately tied to self-interest” (Forman, 2008), defines people's
motivations. Even if an action affects others, it is believed that the individual engaging in the activity will
benefit now or in the long term. For example, volunteering or charitable contributions may be activities
in which an individual wants to engage, so there is self-interest in doing so and for the long term. Such
activities may enhance positive feelings about one’s self, which is a personal outcome. The ethical
egoism perspective focus on how individuals should behave is as follows: “we should act only in our selfinterest and that failure to do so keeps us from reaching our potential” (Forman, 2008). As such,
consideration should be given to actions that will benefit the individual.
Theories on altruism focus on the benefits for others instead of the personal gains consistent with
egoism perspectives. Psychological altruism defines individual motivations and recognizes that
individuals will pursue actions to “promote other peoples’ interests” (Black, 2001). The ethical altruism
perspective is concerned with what should be done: “the individual should maximize the good for
everyone except himself or herself” (Black, 2001). These perspectives are based on beliefs that an
individual is not selfish and is inspired to act for the good of others.
Utilitarianism
Utilitarianism offers another perspective with a focus on the common good. Jeremy Bentham played a
key role in developing this theory and focused his thoughts on the consequences of maximizing the
benefits for all to achieve a state of happiness. According to this approach, “A decision that maximizes
the ratio of good over evil for all those concerned is the ethical course” (McAdams, Neslund, & Neslund,
2007). John Stuart Mill contributed to the utilitarianism approach by suggesting that actions leading to
positive consequences for the common good should be reached by the use of relevant rules of conduct.
As such, laws and other guidelines could potentially prevent the optimal results being achieved.
Bentham suggested that a formula, referred to as hedonistic calculus, was a determinant in measuring
the consequences of acts. It was thought that the amounts of pleasure less the amounts of pain, taking
into account the intensity and duration of each feeling, would indicate if an action would produce the
desired result of general happiness (Honderich, 2005). Mill advanced this thought with the suggestion
that there are different levels of positive outcomes with the quality of positive feelings also being a
factor (Honderich, 2005).
Deontology
The deontology approach to ethics is focused on the actions taken and less so on the consequences.
Immanuel Kant, a major contributor to the deontology perspective, believed that an ethical person
makes the “right” decision without concern for the consequences out of a sense of duty. The right
decision is based on guiding societal principles (McAdams, Neslund, & Neslund, 2007). As an example,
an individual would not steal because the act is not acceptable according to societal standards while the
potential outcome of being caught should not serve as a basis for inaction.
Philosopher David Hume added to deontology thoughts with the suggestion that an individual's act is
based on an emotional response to a situation. Emotions lead to an exploration of moral values as well
as reasoning relative to the situation. Courses of activity and the end result may be considered, but it is
ultimately the individual’s perspective on what is right or wrong that results in a particular action
(Hauser, 2006). These thoughts then suggest that an individual possesses ethical standards and is
capable of using reasoning to justify an action.
Personhood, Rights, and Justice
The U.S. Constitution, the United Nations Declaration of Human Rights, and other national and
international guidelines recognize the individual as a person and grant that individual certain rights that
are generally protected by the governing laws. Positive rights are recognized, specifically “things that a
person can demand that someone provide for them” (McLaughlin, 2008), as well as negative rights,
which can “include the rights to life, liberty, and property” (McLaughlin, 2008). Recognition of the
individual and specific rights to which the individual is entitled can vary among region and country. For
example, as a democratic nation, the United States extends negative rights to its citizens that may not
be as apparent in other countries, particularly those with an alternate form of government and laws.
Justice is generally part of an individual’s rights as afforded by general cultural practices and by law.
Distributive justice, the perceived fairness in the allocation of any type of benefits, is often an
expectation. Related factors include procedural justice, “perceived fairness of process used to determine
outcome,” (Robbins & Judge, 2007) and interactional justice, which relates to a manner in which one is
treated. Criminal justice relates to these topics in that the preceding forms of justice should be
perceived with the recognition that an individual is entitled to certain rights under governing law to due
process.
Virtue Ethics
Aristotle was among the thought leaders on the concept of virtue ethics. This approach to ethics
suggests that the moral fiber of an individual is most critical in determining ethical behavior and less so
the external guiding principles. It was believed that an individual with strong ethical standards would
follow an appropriate course of action and reach a decision with the external guidelines being secondary
to any action. Aristotle and Plato believed that the focus should thus be placed on fostering positive
characteristics in each individual because those with appropriate virtues would be more likely to make
ethical decisions (McAdams, Neslund, & Neslund, 2007). It was also believed that development of the
right virtues would result in “the good life,” a fulfilling life. A fundamental aspect of the virtue ethics
approach is that virtues can be taught.
References
Black, S. (2001). Altruism and the separateness of persons. Social theory and practice, 27(3).
Forman, M. (2008, November 3). Atlas shrugged (and the world shook). Retrieved from the Security
Industry News Web site: http://www.securitiesindustry.com/issues/19_80/22962-1.html
Honderich, T. (Ed.). (2005). The Oxford companion to philosophy. New York, NY: Oxford University.
Hauser, M. D. (2006). Moral minds: How nature designed our universal sense of right and wrong. New
York, NY: Harper Collins.
McAdams, T., Neslund, K., & Neslund, N. (2007). Law, business, and society (8th ed.). New York, NY:
McGraw-Hill.
McLaughlin, D. (2008). International human rights day. Citizen economists. Retrieved from the Citizen
Economists Web site: http://citizeneconomists.com/blogs/2008/12/08/international-human-rights-day
Postel, D. (2006, Spring/Summer). Ideas whose time has come: A conversation with Iranian philosopher
Ramin Jahanbegloo. Logos. Retrieved from
http://www.logosjournal.com/issue_5.2/jahanbegloo_interview.htm
Robbins, S. P., & Judge, T. A. (2007). Organizational behavior (12th ed.). Upper Saddle River, NJ: Prentice
Hall.
What is ethical relativism? (n.d.). Retrieved from the Sheldon Shumir Foundation for Ethics in Leadership
Web site: http://www.chumirethicsfoundation.ca/main/page.php?page_id=145
Activity
Personal Ethics Review
Question 1. Which of the following options would be considered an unethical business behavior?
Below-average wage pay
45-hour work week
Hiring children in a developing country
Cleaning up an oil spill
The correct answer is c: Hiring children in a developing country. Laws are in effect to protect children all
over the world from this practice.
Question 2. In the study of business ethics, what is bribery?
An offer made with the intentions of corruption
Omission to any violation of law of officials in duty
Payments to political parties in foreign countries
All of the above
The correct answer is d: All of the above. An offer made with the intentions of corruption, omission to
any violations of law of officials in duty, and payment made to political parties in foreign countries is
considered bribery. In other words, bribery is a payment made with the purpose of causing a person to
be dishonest in the performance of official duties.
Question 3. Feminist theory occupies the _________.
political sphere.
minds of scholars.
law.
19th century.
The correct answer is a: political sphere. Ethical theory is concerned with feminism because feminist
theory occupies the political sphere; it extends itself to the public domain in which ethics is occupied.
Question 4. Feminist theory works off of the premise that throughout history __________.
women have been treated well.
there is no theory.
women have lived in a world consumed by patriarchy.
men and women are equal.
The correct answer is c: women have lived in a world consumed by patriarchy. Feminist theory works off
of the premise that throughout history, women have lived in a world consumed by patriarchy.
Throughout history and today, feminists have worked to secure equal rights for men and women.
Question 5. Elizabeth Cady Stanton worked for women’s __________.
equal pay.
right to vote.
slavery.
employers.
The correct answer is b: right to vote. In the United States, feminism kicked off with Elizabeth Cady
Stanton, who worked for woman’s right to vote.
Question 6. The most prevalent feminist to follow Stanton was Betty Freidan in the 1960s with
__________.
Moby Dick.
Mein Kampf.
The Feminine Mystique.
Rules of the Road.
The correct answer is c: The Feminine Mystique. The most prevalent feminist to follow Stanton was
Betty Freidan in the 1960s with The Feminine Mystique.
Question 7. The atrocities against women both within and outside of the United States throughout
history are telling of the need for __________.
new laws.
better education.
more jobs for women.
feminist theory.
The correct answer is d: feminist theory. The atrocities against women both within and outside of the
United States throughout history are telling of the need for a feminist theory. One predominant modern
feminist theory is liberal feminism.
Question 8. Liberal feminists champion issues like __________.
reproductive rights.
equal opportunity.
care.
all of the above.
The correct answer is d: all of the above. Liberal feminists champion issues like reproductive rights,
equal opportunity, care, the family, and sexual harassment.
Question 9. When faced with a moral situation, women are more likely to act with __________.
care.
caution.
aggression.
violence.
The correct answer is a: care. Carol Gilligan researched this question extensively. She suggests that when
faced with a moral situation, women are more likely to act with care, and men with justice.
Question 10. One of the main points of Roe v. Wade is the idea that abortion is a __________.
public issue.
lost cause.
private issue.
burden on tax payers.
The correct answer is c: private issue. One of the main points of this Supreme Court case is the idea that
abortion is a private issue, and women have a right to privacy.
End of Activity.
Questions and Answers
Question #1
What are the sources of law in the U.S.?
Most of the legal system of this country comes from old English common law, but other societies have
also had their influence in our judicial system, most notably Spanish and French civil law. With that
background in mind the sources of law in this country are found in:
U.S Constitution
State constitutions
Federal and state statutes
Ordinances
Administrative agency rules and regulations
Executive orders
Judicial decisions by federal and state court systems.
Question #2
Can the federal government regulate interstate and foreign commerce?
If you look at the U.S. Constitution you will find what is commonly called the "commerce clause." That
grants power to the Congress to "regulate commerce with foreign nations, and among the several
states, and with Indian tribes." States can control only the intrastate commerce and much of the
interstate business that occurs within their state. The term "police power" is used to describe this
authority.
Question #3
What is in personam jurisdiction of courts and service of process?
This is the jurisdiction over the person. An example might be where a plaintiff, by filing a lawsuit with a
court gives the court in personam jurisdiction over themselves. The court must also have this same
control over the defendant, and that is generally obtained by serving a summons on them (service of
process).
Question #4
How does a case reach the U.S. Supreme Court?
Usually, for the U.S. Supreme Court to hear a case, it must involve major constitutional questions, such
as freedom of speech, freedom of religion, and due process. This is after review by circuit courts. One
example would be an instance in which two circuit courts disagree on a particular question of law. It
would require a review and resolution by the Supreme Court.
Question #5
How is arbitration used to settle disputes?
Arbitration uses a third, disinterested party, to review and decide a matter. Normally what happens is
the parties involved agree to such a review, are active in the selection of the third party, permit the
arbitrator to review and decide, and they abide by the arbitrator’s decision. This is done with a
submission agreement.
Resource Links
Assessments
(http://www.agelesslearner.com/assess/)
Ageless Learner provides a learning style manual self-assessment from Marcia L. Conner that can be
printed to score. Visual, auditory, and tactile and kinesthetic learning styles are covered. Learning Styles
Assessment is at the top of the list on this page.
The Vark Questionnaire: How Do I Learn Best?
(http://www.vark-learn.com/english/page.asp?p=questionnaire)
When the learner completes this brief test, the assessment provides scores for each learning style and
preferred style of the learner: visual, aural, reading and writing, and kinesthetic. This Web site provides
bulleted lists per preferred learning style describing how to absorb information, how to study, and how
to perform well on a test.
How Your Learning Style Affects Your Use of Mnemonics.
(http://www.mindtools.com/mnemlstylo.htm)
This explanation of how the different learners use their learning style to remember content focuses on
visual learners, auditory learners, and kinesthetic learners. Click "Memory Improvement" in top-right
navigation for memory aids.
Assessment: How Are You Smart?
(http://www.literacyworks.org/mi/assessment/index.html)
Assessment: How Are You Smart?
Stanford Encyclopedia of Philosophy
(http://plato.stanford.edu/entries/aristotle-ethics)
Aristotle’s Ethics explained
BNET
(http://resources.bnet.com/)
Type "business ethics" or "social responsibility" in the search feature for a multitude of articles.
Business Ethics Online
(http://www.business-ethics.com/)
The home page for Business Ethics Online: The Magazine of Corporate Responsibility
Answering Your Questions
(http://www.usdoj.gov/uspc/questions.htm)
The U.S. Parole Commission answers questions about parole. Written primarily for general public
concerns, not law enforcement.
US Federal Bureau of Corrections Website...
(http://www.bop.gov/)
US Federal Bureau of Corrections Website
Legal History
(http://jurist.law.pitt.edu/sg_hist.htm)
For a brief overview of legal history. [University of Pittsburgh School of Law]