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BUSINESS LAW
W
                   IE
          AL
     OB
GL
AL
       OB
     GL
                 EW
               VI
The LAW in the United States is NOT static




1776
The LAW in the United States is NOT static




1776                         TODAY
The LAW in the United States is NOT static




                       1960
1776                             TODAY




       In fact, the law and the rules of law have
          changed radically since the 1960’s
The LAW in the United States is NOT static




                       1960
  1776                           TODAY     Tomorrow




The law of today will NOT be the law 15 years from now!
SYSTEMS OF LAW




COMMON LAW      CIVIL LAW
COMMON LAW
JUDGE-MADE LAW
COMMON LAW SYSTEM




                  PRECEDENT




“Stare Decisis”     =     Let the DECISION Stand
1




                            3
                        2
                    4
STARE DECISIS




                                5
SYSTEMS OF LAW




COMMON LAW      CIVIL LAW
CIVIL LAW   FRANCE
FRANCE   via   ROME
LEGISLATURE-MADE LAW
COMMON LAW                           CIVIL LAW




             Even legal procedures
                 are different
eU .S.
                                                      in th
                                           L crisis
                                    ETH ICA
                            of an
                  m id st
         int he
 ea re
W
Bernie Madoff

                                                                 .S.
                       Prosecutors

                                                         th   eU
                                               isis   in
                                           L cr
                                    ETH ICA
                            of an
                  m id st
         int he
 ea re
W
ACADEMIC   CHEATING


             The PROBLEM?




                            20
ACADEMIC           CHEATING



                      Will translate into behavior
                      in the boardroom




That which is practiced in the
classroom


                                                     21
What Is
HISTORICAL PERSPECTIVE




     MORALS
                          ETHICS
Morés                            Ethos
   What is          What ought to be
How we behave            The GOOD
HISTORICAL PERSPECTIVE




                               OU
         S                        GH
      ES                              TN
    N                                   ES
  IS                                       S

       MORALS
                              ETHICS
Morés                                Ethos
   What is              What ought to be
How we behave                The GOOD
What is the relationship between
   the law & ethics, if any?
HISTORICAL PERSPECTIVE




           MORALITY

WHY?          LAWS

       Foundation: ETHICS
HISTORICAL PERSPECTIVE




            To constrain
              behavior



           MORALITY

WHY?          LAWS

       Foundation: ETHICS
HISTORICALLY



ETHICS

Defined OUGHTNESS;
the good; the object to       MORALITY
be achieved

                      ISNESS followed
                      from the
                      oughtness
HISTORICALLY



ETHICS

Defined OUGHTNESS;
the good; the object to       MORALITY
be achieved


           ISNESS followed
           from the
           oughtness
HISTORICALLY



ETHICS

Defined OUGHTNESS;
the good; the object to       MORALITY
be achieved


ISNESS followed
from the
oughtness
HISTORICALLY



ETHICS

Defined OUGHTNESS;
the good; the object to       MORALITY
be achieved


           ISNESS followed
           from the
           oughtness
HISTORICALLY



ETHICS

Defined OUGHTNESS;
the good; the object to       MORALITY
be achieved

                      ISNESS followed
                      from the
                      oughtness
HISTORICAL PERSPECTIVE




MORALS                     ETHICS




Today, the distinction between ETHICS
   and MORALS has been blurred
HISTORICALLY          TODAY




    MORALITY


       LAWS


 Foundation: ETHICS
HISTORICALLY            TODAY




    MORALITY


       LAWS            LAWS


 Foundation: ETHICS   MORALITY
HISTORICALLY            TODAY


                       ABANDONED as
                        the foundation




    MORALITY


       LAWS            LAWS


 Foundation: ETHICS   MORALITY
HISTORICALLY                      TODAY




                                          WS
                                       LA



                      MO
    MORALITY               RA
                             LI
                                  TY
       LAWS


 Foundation: ETHICS



                                        ET
                                          HI
HISTORICALLY                 TODAY


                         S
                      LAW




                             MO
                                  RA
                                       LI
                                         TY
    MORALITY


       LAWS


 Foundation: ETHICS




                                         E
HISTORICALLY                     TODAY




                                   S
                                  LAW
    MORALITY


       LAWS           MO
                        RA
                          LI
                            TY
 Foundation: ETHICS




                                         E
HISTORICALLY                 TODAY




                         S
                      LAW
    MORALITY


       LAWS                  MO
                                  RA
                                    LI
                                         TY
 Foundation: ETHICS
HISTORICALLY          TODAY




                                   S
                                LAW
    MORALITY


       LAWS


 Foundation: ETHICS   MO
                           RA
                                L
HISTORICALLY                 TODAY




    MORALITY




                       S
                      L AW
       LAWS


 Foundation: ETHICS
HISTORICALLY                TODAY




    MORALITY


       LAWS

                      AWS
 Foundation: ETHICS
Approaches to ethical reasoning today:
Approaches to ethical reasoning today:



1. DEONTOLOGICAL
    Duty-based ethics
      Each person’s ethical obligation
      is based on a DUTY
Approaches to ethical reasoning today:



1. DEONTOLOGICAL
   A. The duty can be RELIGIOUS-based
Approaches to ethical reasoning today:



1. DEONTOLOGICAL
   A. The duty can be RELIGIOUS-based




      Judeo-Christian Moral Law
Approaches to ethical reasoning today:



1. DEONTOLOGICAL
   B.




                          Immanuel Kant 1724 - 1804
Approaches to ethical reasoning today:



1. DEONTOLOGICAL
   B. The duty more likely is the
   CATEGORICAL IMPERATIVE




                            Immanuel Kant 1724 - 1804
Approaches to ethical reasoning today:



1. DEONTOLOGICAL
   B. The duty more likely is the
   CATEGORICAL IMPERATIVE
     - An action is right / wrong based on
     the consequences that would occur
     if everyone acted in the same way
     as you are acting
Approaches to ethical reasoning today:



1. DEONTOLOGICAL
   B. The duty more likely is the
   CATEGORICAL IMPERATIVE
     - What’s the imperative?


            JUST DO IT
 Just do the right thing
Approaches to ethical reasoning today:



1. DEONTOLOGICAL
   B. The duty more likely is the
   CATEGORICAL IMPERATIVE
     - What’s the imperative?
   Treat EVERYONE fairly
It’s easier said, than done
Approaches to ethical reasoning today:



1. DEONTOLOGICAL
   B. The duty more likely is the
   CATEGORICAL IMPERATIVE
     - What’s the imperative?
  Treat EVERYONE fairly
  Owners v Employees
Approaches to ethical reasoning today:



1. DEONTOLOGICAL
   B. The duty more likely is the
   CATEGORICAL IMPERATIVE
     - What’s the imperative?
  Treat EVERYONE fairly
  Owners v Managers
Approaches to ethical reasoning today:



1. DEONTOLOGICAL
   B. The duty more likely is the
   CATEGORICAL IMPERATIVE
     - What’s the imperative?
  Treat EVERYONE fairly
  Managers v Employees
Approaches to ethical reasoning today:



1. DEONTOLOGICAL
   B. The duty more likely is the
   CATEGORICAL IMPERATIVE
     - What’s the imperative?
  Treat EVERYONE fairly
  Owners v Suppliers
Approaches to ethical reasoning today:



1. DEONTOLOGICAL
   B. The duty more likely is the
   CATEGORICAL IMPERATIVE
     - What’s the imperative?
  Treat EVERYONE fairly
  Owners v Consumers
Approaches to ethical reasoning today:



1. DEONTOLOGICAL
   B. The duty more likely is the
   CATEGORICAL IMPERATIVE
     - What’s the imperative?
  Treat EVERYONE fairly
  Suppliers v Consumers
Approaches to ethical reasoning today:



1. DEONTOLOGICAL
   B. The duty more likely is the
   CATEGORICAL IMPERATIVE
     - What’s the imperative?
  Under Kant’s approach
    the strongest right
       must prevail
Approaches to ethical reasoning today:



1. DEONTOLOGICAL
   B. The duty more likely is the
   CATEGORICAL IMPERATIVE
     - What’s the imperative?
 Under Kant’s approach the
 strongest right must prevail
    MIGHT makes RIGHT
Approaches to ethical reasoning today:



2. OUTCOME-BASED ETHICS




                         Jeremy Bentham 1748 - 1832
Approaches to ethical reasoning today:



2. OUTCOME-BASED ETHICS
  Seek the greatest good for
  the greatest number
Approaches to ethical reasoning today:



2. OUTCOME-BASED ETHICS
  Seek the greatest good for
  the greatest number



   This approach is not
   duty-based, it is
   OUTCOME-based
Approaches to ethical reasoning today:



2. OUTCOME-BASED ETHICS




  It leads to a COST -
  BENEFIT analysis
Approaches to ethical reasoning today:



3. SITUATION ETHICS




                          Joseph Fletcher 1905 - 1991
Approaches to ethical reasoning today:



3. SITUATION ETHICS
  A manifesto of individual freedom
  Fletcher wanted to
  extricate people from the
  rigid rules of the past
Approaches to ethical reasoning today:



3. SITUATION ETHICS
   A manifesto of individual freedom
Situation ethics is a creative
strategy for making choices
in which LOVE provides the
answers, defines the means,
and justifies the means
Approaches to ethical reasoning today:



3. SITUATION ETHICS
  A manifesto of individual freedom



That which is GOOD & right
is determined by whatever is
the most LOVING thing in
the situation
Approaches to ethical reasoning today:



3. SITUATION ETHICS
  A manifesto of individual freedom



The SITUATION will dictate
and determine what LOVE
demands
ETHICS, to be useful,
must be established on
a secure Foundation
Today, there is no Foundation for ETHICS
WHY NOT?




      Today, there is no Foundation for ETHICS
YOU
      S            YOU                 ME
  IC
  H



                               YOU
ET




             YOU                            YOU


                               YOU
       YOU



                         YOU
          YOU                        YOU
ET
  H
      IC
           S
ET
  H
      IC
           S
What is the ONLY adequate
  SOURCE for ETHICS?
Ppt test

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Ppt test

  • 2. W IE AL OB GL AL OB GL EW VI
  • 3. The LAW in the United States is NOT static 1776
  • 4. The LAW in the United States is NOT static 1776 TODAY
  • 5. The LAW in the United States is NOT static 1960 1776 TODAY In fact, the law and the rules of law have changed radically since the 1960’s
  • 6. The LAW in the United States is NOT static 1960 1776 TODAY Tomorrow The law of today will NOT be the law 15 years from now!
  • 7. SYSTEMS OF LAW COMMON LAW CIVIL LAW
  • 10. COMMON LAW SYSTEM PRECEDENT “Stare Decisis” = Let the DECISION Stand
  • 11. 1 3 2 4 STARE DECISIS 5
  • 12. SYSTEMS OF LAW COMMON LAW CIVIL LAW
  • 13. CIVIL LAW FRANCE
  • 14. FRANCE via ROME
  • 16. COMMON LAW CIVIL LAW Even legal procedures are different
  • 17.
  • 18. eU .S. in th L crisis ETH ICA of an m id st int he ea re W
  • 19. Bernie Madoff .S. Prosecutors th eU isis in L cr ETH ICA of an m id st int he ea re W
  • 20. ACADEMIC CHEATING The PROBLEM? 20
  • 21. ACADEMIC CHEATING Will translate into behavior in the boardroom That which is practiced in the classroom 21
  • 23. HISTORICAL PERSPECTIVE MORALS ETHICS Morés Ethos What is What ought to be How we behave The GOOD
  • 24. HISTORICAL PERSPECTIVE OU S GH ES TN N ES IS S MORALS ETHICS Morés Ethos What is What ought to be How we behave The GOOD
  • 25. What is the relationship between the law & ethics, if any?
  • 26. HISTORICAL PERSPECTIVE MORALITY WHY? LAWS Foundation: ETHICS
  • 27. HISTORICAL PERSPECTIVE To constrain behavior MORALITY WHY? LAWS Foundation: ETHICS
  • 28. HISTORICALLY ETHICS Defined OUGHTNESS; the good; the object to MORALITY be achieved ISNESS followed from the oughtness
  • 29. HISTORICALLY ETHICS Defined OUGHTNESS; the good; the object to MORALITY be achieved ISNESS followed from the oughtness
  • 30. HISTORICALLY ETHICS Defined OUGHTNESS; the good; the object to MORALITY be achieved ISNESS followed from the oughtness
  • 31. HISTORICALLY ETHICS Defined OUGHTNESS; the good; the object to MORALITY be achieved ISNESS followed from the oughtness
  • 32. HISTORICALLY ETHICS Defined OUGHTNESS; the good; the object to MORALITY be achieved ISNESS followed from the oughtness
  • 33. HISTORICAL PERSPECTIVE MORALS ETHICS Today, the distinction between ETHICS and MORALS has been blurred
  • 34. HISTORICALLY TODAY MORALITY LAWS Foundation: ETHICS
  • 35. HISTORICALLY TODAY MORALITY LAWS LAWS Foundation: ETHICS MORALITY
  • 36. HISTORICALLY TODAY ABANDONED as the foundation MORALITY LAWS LAWS Foundation: ETHICS MORALITY
  • 37. HISTORICALLY TODAY WS LA MO MORALITY RA LI TY LAWS Foundation: ETHICS ET HI
  • 38. HISTORICALLY TODAY S LAW MO RA LI TY MORALITY LAWS Foundation: ETHICS E
  • 39. HISTORICALLY TODAY S LAW MORALITY LAWS MO RA LI TY Foundation: ETHICS E
  • 40. HISTORICALLY TODAY S LAW MORALITY LAWS MO RA LI TY Foundation: ETHICS
  • 41. HISTORICALLY TODAY S LAW MORALITY LAWS Foundation: ETHICS MO RA L
  • 42. HISTORICALLY TODAY MORALITY S L AW LAWS Foundation: ETHICS
  • 43. HISTORICALLY TODAY MORALITY LAWS AWS Foundation: ETHICS
  • 44. Approaches to ethical reasoning today:
  • 45. Approaches to ethical reasoning today: 1. DEONTOLOGICAL Duty-based ethics Each person’s ethical obligation is based on a DUTY
  • 46. Approaches to ethical reasoning today: 1. DEONTOLOGICAL A. The duty can be RELIGIOUS-based
  • 47. Approaches to ethical reasoning today: 1. DEONTOLOGICAL A. The duty can be RELIGIOUS-based Judeo-Christian Moral Law
  • 48. Approaches to ethical reasoning today: 1. DEONTOLOGICAL B. Immanuel Kant 1724 - 1804
  • 49. Approaches to ethical reasoning today: 1. DEONTOLOGICAL B. The duty more likely is the CATEGORICAL IMPERATIVE Immanuel Kant 1724 - 1804
  • 50. Approaches to ethical reasoning today: 1. DEONTOLOGICAL B. The duty more likely is the CATEGORICAL IMPERATIVE - An action is right / wrong based on the consequences that would occur if everyone acted in the same way as you are acting
  • 51. Approaches to ethical reasoning today: 1. DEONTOLOGICAL B. The duty more likely is the CATEGORICAL IMPERATIVE - What’s the imperative? JUST DO IT Just do the right thing
  • 52. Approaches to ethical reasoning today: 1. DEONTOLOGICAL B. The duty more likely is the CATEGORICAL IMPERATIVE - What’s the imperative? Treat EVERYONE fairly It’s easier said, than done
  • 53. Approaches to ethical reasoning today: 1. DEONTOLOGICAL B. The duty more likely is the CATEGORICAL IMPERATIVE - What’s the imperative? Treat EVERYONE fairly Owners v Employees
  • 54. Approaches to ethical reasoning today: 1. DEONTOLOGICAL B. The duty more likely is the CATEGORICAL IMPERATIVE - What’s the imperative? Treat EVERYONE fairly Owners v Managers
  • 55. Approaches to ethical reasoning today: 1. DEONTOLOGICAL B. The duty more likely is the CATEGORICAL IMPERATIVE - What’s the imperative? Treat EVERYONE fairly Managers v Employees
  • 56. Approaches to ethical reasoning today: 1. DEONTOLOGICAL B. The duty more likely is the CATEGORICAL IMPERATIVE - What’s the imperative? Treat EVERYONE fairly Owners v Suppliers
  • 57. Approaches to ethical reasoning today: 1. DEONTOLOGICAL B. The duty more likely is the CATEGORICAL IMPERATIVE - What’s the imperative? Treat EVERYONE fairly Owners v Consumers
  • 58. Approaches to ethical reasoning today: 1. DEONTOLOGICAL B. The duty more likely is the CATEGORICAL IMPERATIVE - What’s the imperative? Treat EVERYONE fairly Suppliers v Consumers
  • 59. Approaches to ethical reasoning today: 1. DEONTOLOGICAL B. The duty more likely is the CATEGORICAL IMPERATIVE - What’s the imperative? Under Kant’s approach the strongest right must prevail
  • 60. Approaches to ethical reasoning today: 1. DEONTOLOGICAL B. The duty more likely is the CATEGORICAL IMPERATIVE - What’s the imperative? Under Kant’s approach the strongest right must prevail MIGHT makes RIGHT
  • 61. Approaches to ethical reasoning today: 2. OUTCOME-BASED ETHICS Jeremy Bentham 1748 - 1832
  • 62. Approaches to ethical reasoning today: 2. OUTCOME-BASED ETHICS Seek the greatest good for the greatest number
  • 63. Approaches to ethical reasoning today: 2. OUTCOME-BASED ETHICS Seek the greatest good for the greatest number This approach is not duty-based, it is OUTCOME-based
  • 64. Approaches to ethical reasoning today: 2. OUTCOME-BASED ETHICS It leads to a COST - BENEFIT analysis
  • 65. Approaches to ethical reasoning today: 3. SITUATION ETHICS Joseph Fletcher 1905 - 1991
  • 66. Approaches to ethical reasoning today: 3. SITUATION ETHICS A manifesto of individual freedom Fletcher wanted to extricate people from the rigid rules of the past
  • 67. Approaches to ethical reasoning today: 3. SITUATION ETHICS A manifesto of individual freedom Situation ethics is a creative strategy for making choices in which LOVE provides the answers, defines the means, and justifies the means
  • 68. Approaches to ethical reasoning today: 3. SITUATION ETHICS A manifesto of individual freedom That which is GOOD & right is determined by whatever is the most LOVING thing in the situation
  • 69. Approaches to ethical reasoning today: 3. SITUATION ETHICS A manifesto of individual freedom The SITUATION will dictate and determine what LOVE demands
  • 70. ETHICS, to be useful, must be established on a secure Foundation
  • 71. Today, there is no Foundation for ETHICS
  • 72. WHY NOT? Today, there is no Foundation for ETHICS
  • 73. YOU S YOU ME IC H YOU ET YOU YOU YOU YOU YOU YOU YOU
  • 74. ET H IC S
  • 75. ET H IC S
  • 76. What is the ONLY adequate SOURCE for ETHICS?