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Legal ethics vs. business ethics
Legal ethics and business ethics are alike in that they dictate, either by law or general standard, what is acceptable and what is not. They are different in that legal ethics are usually ensconced in laws and other enforceable standards whereas business ethics are not always a matter of law. For example, a handshake deal may or may not be enforceable in court (legal standards) but business ethics dictate that someone should follow through on what they promise. However, they are alike, regardless of the alw, in that people that violate them tend to be ostracized and labeled as unethical. Sometimes, it is possible to follow both business and legal ethics and still run afoul of other standards. For example, not giving a dollar to a bum on the street may not violate business or legal ethics but people can still view it poorly.
Topic…… [Read More]
This can often result out of severe depression, making clients unresponsive and non-committal to any course of legal action. This requires the lawyer to determine at what point a client is simply exercising their basic human (and legally protected) freedom to defend themselves how they wish, and when they have crossed the line into being unable to defend themselves properly. An error in judgment here can cause a massive miscarriage in the lawyer's duties to the client, and/or a greatly diminished quality of justice in the particular instance. Providing a fully zealous defense might, in some very limited cases, not be in the client's best interests.
There is one over-riding ethical concern in the practice of criminal defense that is most prevalent in the minds of the public and of new practitioners, and though the frequency of this worry diminishes over time it remains very real. This is, of course,…… [Read More]
Confidentiality and Law: Expectations of Trust in Legal Ethics
There is a significant and critical difference between what one considers professional ethics and one's personal morality. Professional ethical rules may have developed under the wider umbrella of ethical principles, but they do not necessarily reflect what people would consider to be moral behavior. In fact, in some instances, acting in a manner that is considered professionally ethical may require people to engage in behavior that they consider to be immoral based on their own personal religious standards. This can be particularly true in the legal field, where ethical obligations to clients may come in direct conflict with a person's own religiously-inspired moral obligations. However, it is important to realize that ethical rules have developed alongside religious and moral rules, so that, while legal ethics may not mirror religious morals, they will reflect the socio-cultural background in which they developed. In…… [Read More]
Paralegals play a unique role in helping to prepare a legal team for the challenges they will face with any kind of litigation. This means that they must embrace a certain amount of ethics to ensure they are supporting the client and everyone they are working with. As far as Lucy and her conflicts surrounding the Phiox case are concerned. These are examples of issues which can arise. To fully understand what is taking place requires carefully examining the different ethical challenges from: contrasting points-of-view and how the judge should rule. Together, these elements will highlight the role of potential conflicts and their impact on the outcome of the case. (Kaufmann, 2013)
What are Lucy's ethical issues?
Lucy's ethical issues are that she is tied directly to both sides, from her work on it as a paralegal for ABC and XYZ. This is problematic, as she has access…… [Read More]
Legal Ethics Surrounding the Love Canal Tragedy
Love Canal Law/Ethics
In 1979, the U.S. Environmental Protection Agency (EPA) filed a lawsuit against Hooker Chemical Company and its parent corporation, Occidental Petroleum (EPA, 1979). The Department of Justice (DOJ), acting on behalf of the EPA, charged these corporations with creating an imminent and substantial danger to health and the environment, by violating the esource Conservation and ecovery Act, Clean Water Act, Safe Drinking Water Act, efuse Act, and the common law of nuisance. In 1995, 16 years after the suit was filed, Occidental agreed to pay the requested amount for cleanup and resident relocation costs (DOJ, 1995).
Congress reacted to the environmental and health disaster by enacting Superfund legislation, which contained a provision making polluters retroactively liable. However, the concept of retroactive liability has been a source of controversy for legal and ethical reasons. This essay will examine the legal/ethical issues…… [Read More]
• Are there situations in which a company, for the common good, must give up the economic advantage accorded by intellectual property laws?
During a crisis situation, the common good can trump an intellectual property law. The threat of anthrax was at an all-time high, and though Bayer was producing as much as it could, it could not meet the demand and thus the price for their drug was artificially inflated. Under such circumstances, with a threat that impacts national security, I believe that the common good should come before intellectual property law.
• Should Bayer have followed its own credo more than it seemingly did?
Yes, of course. Although there goal is to maximize profit, it also needs to be a sustainable company. With its past history, sharing its intellectual property in a time of crisis could offer the company much needed intangible assets. The company could…… [Read More]
Ethics in Shaping American Law: AA Model Rules
The objective of this study is to examine why ethics are so important in shaping American law and to explain three important AA Model Rules along with examples that apply to law firms. This work will also explain three important AA Model Rules with examples that apply to Attorneys and will summarize the application of the AA model rules and responses to these questions.
The American ar Association is reported to have made the provision of leadership in legal ethics through adopting professional standards that "serve as models of the law governing lawyers since adoption of the Canons of Professional Ethics in 1908. The latest version of these standards is the Model Rules of Professional Conduct, first adopted in 1983, and amended a number of times since then. The Model Rules replaced the Model Code of Professional Responsibility which was adopted in…… [Read More]
Therefore, the best way to help employees act ethically is to view the workplace and daily operations as a training ground.
In your estimation why is there a growing need for organizational ethics programs? What are the factors contributing to ethical problems in the global corporate world? What are possible solutions?
The need for organizational ethics program is growing for several reasons. First, organizational ethics have become crucial for companies to avoid legal and financial distress. Second, ethics help businesses run smoothly and well, attracting the best caliber of employee. Ethics programs are important especially in large organizations with a diverse staff. Global and multinational companies will be working with people from around the world, who operate in unique ethical environments. Ethics programs help multinational companies create standards for employees that will help avoid conundrums and miscommunication. Ethics programs bring all employees together on the same page and therefore become…… [Read More]
Ethics and the Internet
As the computer has evolved in the modern world, so the potential for communication has also increased. The computer, and the development of the Internet, has meant that human society has become more connected than ever before and the barriers between nations and people around the globe have been broken down. While this is a positive development in many ways, the growth of the Internet has also meant that there has been an increase in a wide range of new problems. One of these is the issue of ethics. "Just as ethics evolve as human societies grow and change, so similar ethical questions are raised during the evolution of this global electronic community." (Ethics on the Web)
The more that technology for communication and open publication of information advances, the more questions are raised about issues relating to moral codes of behavior and problems about what…… [Read More]
Ethics Leadership Analysis
One of the biggest advantages of globalization is that many different companies are able to receive cheap labor to produce a wide variety of products that are sold at numerous retail stores in the United States. However, an ugly facet to what has been happening, is that there are a number of different sweat shops in a host of regions around the world and in some cases within the U.S. itself. Evidence of this can be seen with an investigation that was conducted by the Department of Labor. They found that over half of the companies they were looking at, were breaking numerous labor laws by operating 10,000 of these kinds of facilities illegally inside the nation. At the same time, they discovered that a variety of governments around the world were encouraging these kinds of factories. (Elliot, 2009)
In the case of Kathie Lee Gifford, her…… [Read More]
Ethics, Morality, Values, And Beliefs
According to "the ethics site," an Internet resource for college instructors regarding the teaching of different ethical systems, ethics may be defined as "the explicit, philosophical reflection on moral beliefs and practices. The difference between ethics and morality is similar to the difference between musicology and music. Ethics is a conscious stepping back and reflecting on morality, just as musicology is a conscious reflection on music." ("Glossary," The Ethics Site, 2005) In other words, ethics is the philosophy of what is right and wrong, while morality is the practice of ethics, or virtue in action.
The analogy between a musician and a musicologist proposed by the positioning of ethics vs. morality is interesting, because one might understand music very well, and be able to explain its theory and teaching as a musicologist. However, a great musicologist might be only a middling musician. In contrast, there…… [Read More]
The utilitarian perspective focuses on the broad impacts of the actions, rather than just how the actions affect specific individuals (Andre & Velasquez, 2010). From the utilitarian perspective, genetic testing has the potential to do great harm to many, and to benefit many. The utilitarian arithmetic points out that the benefits to the companies in utilizing genetic testing is that profits increase. The argument can also be made that wealthier companies provide more jobs and wealthier insurance companies are better able to pay out to those who do receive payments. The counter to the former point is that this employment is theoretical -- not only may it not occur, but it may not occur in the United States. The counter to the latter is that insurance is largely price inelastic, so there is no improvement in coverage likely from handing more profits to insurance companies.
On the harm side, many…… [Read More]
The ethics of the design research demands that 'the research is valid and that threats to validity have been taken into account', and reporting has been accurate and sufficient details have been listed and supplemented for the clarity and appropriate interpretation of the research content, furthermore 'in qualitative research, it is important to be particularly careful about how to choose direct quotations from the data in the research, and ensure that they are representative' (Ian, 2003).
Many professional associations, government agencies, and universities have developed, adopted and practiced specific codes, rules, and policies relating to research ethics i.e. East Carolina University, National Institutes of Health, the National Science Foundation, the Food and Drug Administration, the Environmental Protection Agency, and the U.S. Department of Agriculture have developed their own ethical rules related to the design research. Some of the influential ethical policies on design research includes, 'the Uniform equirements (International Committee…… [Read More]
Ethics are often stronger than the laws of the land. Laws are cobbled together by special interests and have little to do with right and wrong, or personal ethical codes. For most people, their own personal codes of ethics will be stronger than the laws. People are much less likely to violate their own personal ethical codes than the laws.
Morals are codes of conduct put forward by a society, often within the context of a cultural or social group. Ethics are, following the Aristotelian tradition, a general guide to behavior that an individual adopts as his own guide to life (Gert, 2011). The relationship between the two is self-evident: while ethics are individual they are often strongly influenced by society's moral context.
Kohlberg (1971) outlined morals are being pre-conventional, conventional and post-conventional. Pre-conventional morals are in the obedience and punishment orientation and the self-interest orientation. Like when you learn…… [Read More]
Priority of values should be identified so as to aid the organization avoid breaking laws by following the stipulated requirements of operation.
The top three of four values should be reviewed to help the organization determine which values currently help it fulfill its mandate. For example, in the accounting department, the organization should identify accuracy and confidentiality as the key values to the success of the department. Values needed to identify current issues should be brought to fore. This should be done by selecting a few people to interview the members of the organization in identifying key areas that require attention in the organization. Out of the issues identified, determine which ones are ethical and device ways in which the organization can solve them.
It should be noted that not all remedies can be obtained for any ethical dilemma that might arise. Emphasis should be made on dilemmas that don't…… [Read More]
We may act according to our personal principles, or we can act according to our common sense. I tend to use my common sense rather than personal prejudice when making ethical decisions.
My ethical reasoning entails that I would carefully consider any ethical issue before making a decision about it. One major limitation involved in this is the fact that others may perceive me as morally weak. A morally strong character tends to be one that is immediate in ethical decisions. I would therefore not be able to make immediate decisions such as those required of judges or surgeons.
It is therefore unlikely that I would thrive in a profession that is very clear and immediate with regard to its need for specific ethical decisions. I would be better in a profession that is not as dependent upon immediate decisions.
I do not believe that my ethical viewpoint…… [Read More]
Ethics Awareness Inventory
According to the Ethics Inventory, I fell into two categories: those who are obligation-oriented, and those who are results-oriented. In some ways, the ethical beliefs of these two categories are in conflict; for instance, usually people who base ethical decisions on obligation or duty are not as concerned with results as with principles. However, I scored high in the results-oriented category as well. I believe that my ability to span both categories of ethical decision making have proved beneficial for me in the past and will continue to in the future. For example, the ethics awareness inventory analysis indicated that I do not operate in terms of absolutes; I do not feel that there can be any absolute standards of right and wrong because the world is too complex. Therefore, I am more prone to being open-minded and flexible than people who do feel that there should…… [Read More]
Education on ethics must be wider compared to "moral development" in that it must tackle the broader consideration of a wide-ranging vocation, and constricted in that it must tackle problems particularly to the accounting vocation. (esearch on Accounting Ethics)
Definite duties of the accounting profession are put forth in the different code of ethics circulated by important establishments like the AICPA. The AICPA's foremost rule of professional conduct declares: In discharging their duties as professionals, associates must implement responsive professional and moral views in all their works. (Business and Accounting Ethics) the failure of auditor sovereignty infringing ule 101 of the AICPA Code of Professional Conduct was the topic of a research project using 2,000 arbitrarily chosen AICPA members in public accounting profession as a staff auditor, senior, or manager. These executives were offered with 15 roles that are an infringement of ule 101 and were directed to give their…… [Read More]
Ethics are a number of behavioral guidelines that essentially stipulate what acts are inherently wrong. These acts include murder, rape, fraud, deceit, slavery, genocide, and torture to name a few (Paul 2003). Ethics, as opposed to morals, tend to be the most general rules by which human beings should treat one another. Morals, however, are like the micro version of ethics: they are subject to interpretation by the individual and highly dependent upon circumstances. Whereas a Hindu and Christian may disagree upon the morality of slaughtering a cow, they would be forced to agree upon the ethics of slaughtering a human being. The difference is one of perspective.
This distinction can also be seen depending upon the circumstances (Ruggiero 2004). If one is to accept the ethical premise that it is wrong to kill another human being, they must conclude that killing a single individual to save many other lives…… [Read More]
Ethics are "an individual's personal beliefs about whether a behavior, action, or decision is right or wrong" (Griffin, 2010). Is everyone considered a manager? Why, or why not?
The traditional functions of management include planning, organizing, staffing, and directing. All of these involve certain ethical considerations which will reflect both the individual's personal beliefs as well as the belief systems of the organization. Ethics is more than a gut instinct or a general sense of morality While moral inclinations arise as a result of custom and general, personal upbringing, ethical decisions involve making a decision in accordance with a belief system that assumes a certain degree of consistency.
In this sense, being a 'manager' is a very specific 'hat' to wear. No one is a manger all of the time. When at home, all of us make decisions that are inconsistent on occasion. We may insist that our dog does…… [Read More]
The ole of Ethics in My Life
Ethics refers to the systematic and logical study of right and wrong behavior. The challenge with ethics is that ethical decisions are often subjective. Variables like personality, culture, and upbringing can all affect one's ethical character. Age and gender can also impact one's ethical decision-making process. The study of ethics has been an ongoing one in the field of philosophy, but it also has direct applications in fields ranging from law to medicine.
Almost all decisions have an ethical component. Even deciding what food to eat is an ethical decision, because the consumer chooses things like fair trade and organic over factory farmed and exploitative. Therefore, ethics can help me to create a more ethical and just society, by making choices that are congruent with core ethical principles. Ethical principles may include such things as fairness and the refrain from harm. Generally,…… [Read More]
More than replacing a Code of Ethics, solutions to the issue might revolve around simply understanding, adopting, and enforcing codes that are already in place. For instance, the IACP code of ethics for law enforcement has four major themes that would clearly handle most situations: 1) Fairness towards everyone -- the public, clients, the accused, colleagues, etc. Fairness also implies the maxim of not using one's power to take advantage of the public (e.g. bribes for service, etc.); 2) Service -- Public service is a calling -- the community holds law enforcement personnel to a high standard, and expects service to be part of the regular job description; 3) Importance of the law -- Upholding the Constitution or the statues of the law that are mandated by the profession, and; 4) the importance of personal conduct -- law enforcement professionals must hold a standard of behavior that is consistent and…… [Read More]
The second step is to initiate a supplier code of conduct. The greatest potential for ethical violations falls with suppliers such as agricultural firms or offshored service providers, and these violations can result in negative publicity for the company.
Ultimately, it is not expected that these ethical standards will form a competitive advantage for the company. Having high ethical standards is more of a hygiene factor in that it is something a company needs to have to avoid negative impacts, but few companies get any particular competitive mileage from their ethical policies. There is little impetus to join the fair trade or organic businesses for most of the products we sell. hile many consumers are willing to pay more for said products, it remains a niche category especially in Europe and the UK. This usually means that the volumes are too low to justify the effort. Overall, the best approach…… [Read More]
Ethics and Corporate esponsibility
The following will be an assessment of firm referred to as PharmaCAE. The assessment will concentrate on the idea of companies that have encountered negative outcomes as a result of company business activities. CECLA (Comprehensive Environmental esponse, Compensation, and Liability Act) will be brought up in this assessment in addition to other environmental safeguarding proposals and human social theories in regards to environmental and work ethics.
A new initiative, We CAE about YOU world, was recently initiated by PharmaCAE, declaring its dedication to the environment via modifications in packaging, recycling, and other green programs. This was possible in spite of the fact that the firm's lobbying attempts and PAC have effectively conquered environmental policies, such as the broadening of the Superfund tax that was established by Comprehensive Environmental esponse, Compensation, and Liability Act (CECLA). Situated in New Jersey, PharmaCAE sustains a huge production facility in the…… [Read More]
There are several ways that BP could have chosen to respond, all of which were "open" to them (i.e. they had free will), yet those chose to take paths that were less moral. Kant's universal law would have them put their responsibility to humanity as the motivator, however, their motives have not proven to be driven by doing what is genuinely good for humanity.
Blackburn (2009) states that it is tricky to apply the categorical imperative and that the most persuasive examples of it being effective are in cases where there is an institution whose existence depends on sufficient performance by a sufficient number of individuals.
Suppose, as is plausible, that our ability to give and receive promises depends upon general compliance with the principle of keeping promises. Were we to break them sufficiently often, or were promise-breaking to become a 'law of nature,' then there would be no such…… [Read More]
107) could also apply here. The confidentiality clause in such a case then only applies insofar as it is estimated that there is no need to disclose confidential information to others. In the case of Mrs. Z, her family deserves to know about her situation, because it affects their lives pertinently.
Because of the increasing cultural diversity throughout the world, cultural values also play an important part in making ethical decisions in the nursing profession. In the case of Mrs. Z, for example, she appears to have no powers of decision making either in her home or in society in general. Inside the home, her mother-in-law runs the household, while her husband is in charge of important decisions. This could have a significant influence upon her decision not to disclose her condition to her family.
According to Karahanne, Evaristo and Srite (2006, p. 34), for example, also note that cultures…… [Read More]
However, if it were the case that the Chinese legal system protected the innocent and executed only those criminals who have been properly, duly, and fairly convicted and sentenced for crimes appropriately punished by execution, it is much harder to argue against the use of their organs to benefit society. From an objective point-of-view, once a person dies, it is wasteful not to use his or her organs to benefit living people. The attachment we have to the body after death is primarily a function of social learning and nonsensical superstition in the first place. Logically, it would be ethically permissible, to require that organs be harvested from all deceased persons once their families have had the opportunity to pay their respects.
The ethical problem in this case is much more about the way that Chinese citizens become prisoners in the first place and the way that the decision to…… [Read More]
Ethics in Law Enforcement
"Sometimes [police officers] may, and sometimes may not, lie when conducting custodial interrogations. Investigative and interrogatory lying are each justified on utilitarian crime control grounds. Police are never supposed to lie as witnesses in the courtroom, although they may lie for utilitarian reasons similar to those permitting deception & #8230;" (Skolnick, et al., 1992)
Is it ethical for law enforcement officers to use deception during the interrogation process? It appears that when officers are attempting to extract a confession from a suspect, deception is, in many cases, commonly applied strategy. Does a code of ethics conflict with the way in which law enforcement conducts its interviews and interrogations? hat do the courts say about deceptive interrogation tactics? These issues will be reviewed in this paper.
Deception in the Interrogation Room
Is it ethical to lie to obtain the truth? No. Do the ends justify the means?…… [Read More]
Ethics in a Long-Term Healthcare Business
Ethics in the health care industry spans a wide spectrum of activities and most of the obligations are cast by law on the professionals and the second by the common practice and morals of the profession. Both are important to the progress of the institution and also the health care industry. Compliance of statutes is of primary importance.
There are many rules and statutes that must be complied with by all organizations and one such recent legislation is the hospital information access system. The HIPAA rules apply to all personnel in the system and extend to laboratory technicians, and lawyers and insurers. The culpability comes if the information was disclosed to a third party who did not have an association with the entity -- the clinic and was permitted to access the information. In such cases where the physician discloses information to another…… [Read More]
The author of this report is asked to discuss ethics as it pertains to a topic of the author's choice. The author of this report chooses to discuss the ethics topic of using factories in Asian and surrounding countries like China and Bangladesh with questionable if not outright deplorable labor laws and/or working conditions. The author of this report will now answer five questions surrounding that topic.
Ethics of Using Foreign Countries in Asia to Make United States Goods
The first question asks the author to discuss culture, values, ethics and other such elements that lead to differences in social culture (Hill, 2013). The United States obviously mimicked a lot of Asian countries in terms of working conditions and lack of labor laws and protections until about 1930. Since then, the social safety net and the associated labor and retirement frameworks have been created to help and protect workers…… [Read More]
The Divine Command theory of morality is known as a nonconsequentialist theory because this particular theory of morality is one that is not in any way based on the consequences or outcomes of specific action, but rather holds that all actions have any intrinsic rightness or wrongness. In the case of Divine Command Theory, rightness or wrongness is decided based upon whether or not a specific action can be said to be in accordance with the dictates of God. Indeed, while there are advantages to this idea of morality, such as the more simple categorization of actions into a dichotomy of what is permitted, there are also many sever disadvantages, as well. These disadvantages can make the view difficult to entertain. For example, one of the main issues depends on the source of the divine command. If the divine moral commands come out of scripture, for example, how can…… [Read More]
Imagine that it's your responsibility to select an ethics officer for your organization. What qualities, background, and experience would you look for? Why? Would you ever be interested in such a position? Why or why not?
An ethics officer plays a significant role for an organization. In the selection of the right ethics officer for my organization, I would have to consider several major factors such as the personal qualities, background and experience. First of all, the ethics officer should posses the following qualities: honesty, truthfulness, integrity, fairness, accuracy, and significance of moral values. These qualities are the basic ingredients that should be searched thoroughly in the ethics officer during the selection process.
The background of the ethics officer should be related to any field such as business, medicine, engineering, sociology, psychology or armed forces, but it should be kept in mind that the ethics officer belongs to a…… [Read More]
Fixtures are considered part of personal property, but in cases where they become a part of real property and cannot be removed, they are considered part of real property. uilding on a plot of land is a fixture that is considered part of real property, similarly things that are fixed with the real property and can not be removed without damage can be considered part of real property. In case of sale of real property, it is appropriate to define the items of personal property that will be included with the real property and which will not be included.
The law does not recognize ownership achieved by deceitful means such as theft, fraud or force. Property may be acquired through:
Exchange: In exchange for money or other property
Possession: eing the first owner of previously un-owned property
Confusion: When ones property is mixed with someone else's property by mistake or…… [Read More]
Ethics Case Study: Medical Law and Ethics
Jerry McCall is Dr. William's office assistant. He has received professional training as both a medical assistant and an LPN. He is handling all of the phone calls at the office while the receptionist is at lunch. During this period of time, a patient calls and says he must have a prescription refill for Valium, an antidepressant medication, called in right away to his pharmacy, since he is leaving for the airport in thirty minutes. The patient notes that Dr. Williams is a personal friend and always gives him a small supply of Valium when he has to fly. No one except Jerry is in the office at this time.
Does Jerry's Medical Training Qualify Him to efill the Order?
While Jerry's medical training qualifies him to receive a prescription order and transcribe it accurately for other nurses or physicians to implement or…… [Read More]
Ethics of Film Production
It goes without saying that film producers owe a certain level of responsibility to not only those being filmed but also to the audience. During production, a number of key considerations should ideally be taken into account in regard to how the film will impact on those who happen to be part of it i.e. during its production, those who will view it on release as well as any other pre and post production stakeholders. Hence during filmmaking, producers owe all these constituencies a responsibility. In this text, I concern myself with the ethics of film production. In so doing, I will also shine a spotlight on both copyright and legal issues.
Ethics of Film Production
According to Barbash and Taylor, "ethical issues are rarely discussed in film production manuals" (48). This in the authors' opinion is largely as a result of the discomfort ethical issues…… [Read More]
Ethics Must Be Global Not Local
Ethics Must Be Global, Not Local
International Business equirements
Global Business Ethics
The large business units expand their operations in global markets through their own presence as well as franchising and distributors. The business operations are expanded on the basis of various standard practices. The business freedom provided by countries and various global practices are utilized as a basis for taking global operational decisions. The business also encounters various legal, operational, and ethical issues related to the local market. However in order to expand business beyond borders and physical boundaries of countries it is required to maintain a degree of uniformity in products and ethical practices followed throughout the manufacturing processes. It is advised to understand various aspects of international business requirements, global operations, ethical practices, and recommendations to assert a standard for global ethical business operations.
International Business equirements:
The global…… [Read More]
'" (Aspen, 1997, p.95).
The primary step is to change the mindset of lawyers. They have to stop believing that they run the show and instead focus them as members of a team along with the judge to ensure that the legal system works for the innocent people in the right direction. Its important that every lawyer strikes a balance between his or her obligations to the clients and the justice system.
As a supplement, more stringent laws should be implemented and the actions of the prosecution should come under closer scrutiny to ensure that they will abide by the ethics and professional code of conduct as laid down by the lawmakers.
Plan for administrators
"Few problems can pose a greater threat to free, democratic societies than that of wrongful conviction -- the conviction of an innocent person. Yet relatively little attention has been paid to this problem, perhaps because…… [Read More]
The Case of the Speluncean Explorers is a book which describes various perspectives of interpreting the law as well as what is right (moral). While Fuller invents a judicial case which involves both the moral values and the laws in the most challenging way, Peter Suber tries to make an analysis that will respond to all the key aspects of the scenario.
It is worth underlining that Fuller created enough elements in order to have sufficient arguments for both acquittal and conviction, depending on the perspective.
The rule of the judges was difficult because they were actually compelled to define what "good" was. Good is an universal value which everybody understands. However, sometimes only some can benefit from certain advantages while others can not. When life is the advantage at stake, things become even more difficult, as life is the very value of men and the most priced possession. Can…… [Read More]
Ethics and egulatory Issues
elated party transactions reported on by Arthur Andersen & Co.
Flaw in the accounting firm's logic
Checklist for special projects performed by external auditors
Proposed rules or laws to prevent similar occurrences
Enron was one of the Wall Street's favorite blue chip stocks before an accounting scandal of the firm surfaced in 2000. The revelation that company has been misreporting its profits and losses during 1990s crashed the company's stock. The earnings and debt statements were not representative of the actual accounting transactions. Thus, a serious issue of bankruptcy ensued after this revelation. There were several ethical aspects of this issue as well. Following the details of accounting malpractices that the company through its accounting firm Arthur Andersen (Benston, 2003).
elated party transactions reported on by Arthur Andersen & Co.
Chewco Investments, L.P. ("Chewco"): Chewco was also a related party of Enron and it was…… [Read More]
The employee is faced with ethical requirements throughout their workday that must be met with knowledge and a trained attitude. Workplace ethics is one of the most crucial elements whether the person involved in an ethical dilemma is a high-level manager or an entry-level employee. An ethical stance is important because it is what guides the interactions that the employees will have with each other, their management, and the customers that patronize their products. It is also important that the business leaders follow an internal and external ethical stance so that the culture generated within the company is one that promotes positive ethical practices. This paper begins by talking about the way that the business leaders view the external world of ethics through accounting practices and how they deal with other companies. The discussion then moves inside the company and how the management treats its employees. Employee to employee…… [Read More]
Ethics, Gross National Products
Gross National Product
Ethics is a branch of Philosophy and deals with the basics questions about right and wrong, virtue and vice, as well as good or bad nature of things human beings do in their daily lives. Thus, ethics is essentially related to the moral aspect of things. A thing, act, or idea of practice might be legally correct but may not be morally sound in given conditions. For instance, the pursuit of profit by firms is legally correct but ignorance to the well being of society in which that firm operates is morally incorrect. Essentials of ethics: The essential elements of ethics are related to the character of actions being taken by the human beings. The topic essentially deals with the behavior and its outcomes with respect to the impact created on fellow human beings and society as a collective…… [Read More]
Ethics in Contracting
Government is full of many hundreds and thousands of people earning their living through service. It is important that this idea of service is kept in mind as the collective purpose should supersede that of the individual who has chosen to work for the government. The idealism behind organized governments warrant an ethical code to help ensure the sanctity of government is preserved. This moral imperative is stressed even more when we examine those who have served in government and can use that experience to further themselves in post government employment. This unique position therefore places unique ethical requirements on those who are seeking post government employment.
The purpose of this essay is to discuss the importance of ethics within post government employment and the need for ethical awareness to guarantee fairness. This essay will suggest that government employment at many levels is generally lacking any real…… [Read More]
Giving Voice to Values
The class discussion on giving voice to values touched on many different topics of great interest, not the least of which were the many different systems of values that exist. I have always found myself caught between ethical theories that emphasize intentions and those that emphasize effects, and I truly feel that different situations call for different understandings of right and wrong -- some situations might be best determined by a consideration of intentions, while others must be judged on the ultimate effects of a given action or set of actions. Determining which situation deserves which application of ethics is obviously highly subjective, and this was definitely highlighted in the class discussion. A large number of individual and cultural values were brought up that point out different features of specific cases or derive differing interpretations from an agreed upon set of circumstances to a degree that…… [Read More]
Ethics in Criminal Justice:
The police function has continued to be the most needed elements since the beginning of the existence of human societies because social coordination and harmony have never prospered without some kind of supervisory authority. The supervisory authority or power has usually been shared among several agencies or departments including policing. These various departments have been planned and synchronized to provide the service efficiently and effectively. Since its inception, policing have been mandated with the task of identifying and convicting criminals. However, the police have been expected to have an increasingly wider social role in acting as crisis managers or problem busters. As the police have been faced with numerous moral challenges, there are various theories that have been developed to describe ethics within the field of criminal justice.
Slippery Slope and Gratuities:
One of the long-standing and controversial practices within the police force is police gratuities…… [Read More]
Ethics and the Law
It is morally acceptable for the law to require people to do things for their own self-development?
"Political theory is a branch of moral philosophy, which starts from the discovery, or application, of moral notions in the sphere of political relations." This statement, indicated in the literary work, "Two concepts of Liberty," summarizes my personal views on law and self-development. I believe it is morally acceptable to require people to do things for their own self development. Aspects such as making children attend school, requiring high schools to offer basic curriculum courses, or requiring systemically viable institutions to be certified, I believe, all are morally acceptable laws. Although society overall benefits from the self-development of its own constituents, the world benefits as a more educated population continues to drive economic prosperity (Berlin, 2000).
Few would argue over the merits of self-development and its obvious advantages. However…… [Read More]
Corporate Governance & Business Ethics
It is quite interesting to note that, academic research in business ethics was a totally distinct discipline from research in corporate governance, and the application of the word 'ethics' was uncommon in available research on corporate governance. The chief responsibility of corporate governance was understood to be safeguarding the benefits of the shareholders. Because of the severance between ownership and management, and the incapability of the independent owners to supervise the performances of those managers, a possibility was available for vital strategic decisions to be taken which would advantageous for the managers to a more larger extent compared to the owners. For example, takeovers not related to the organization's core competence outcome in a bigger corporation, however, it does not result in a more profitable company all the time. Certainly, research has proved that extremely increased extent of isolated diversification normally resulted in lower…… [Read More]
Any effort that detracts from that objective -- unless that effort is explicitly authorized by the shareholders -- is therefore a breach of duty. The managers of the Company must therefore have the objective of upholding their duty to the shareholders, within the confines of the law. BP will therefore not be providing research funding, compensation or any other form of assistance to the fishermen, without judicial or regulatory order.
It is important that the Department understands the principles that underpin this decision. BP does not take this decision lightly, and understands that not all stakeholders will have their needs met as the result of this decision. e regret in particular if this decision causes problems for our steadfast partners at the Department of Environment. However, the managers of the Company has no choice but to undertake activities that fulfill their duty to the shareholders, and in this case that…… [Read More]
In many instances, the structure of the test can be said to have an alienating impact on respondents as well. To the point, research by Butcher & Hostetler (1990) denotes that "some past objection to the MMPI's length came in part from the frustration that some patients may have felt about the item redundancy (16 items were repeated) or the perceived irrelevant item content." (Butcher & Hostetler, 16) These perceptions may also have contributed to negative performance indices, suggesting that there is an essential need for refinement of such personality testing methods to ensure their universality to the needs of all competent respondents.
Amstrong, D. (2008). Malingerer Test Roils Personal-Injury Law. The all Street Journal.
Butcher, J.N. & Hostetler, K. (1990). Abbreviating MMPI Item Adminstration. Psychological Assessment: A Journal of Consulting and Clinical Psychology, 2(1). 12-21.
Butcher, J.N. et al. (2006). Minnesota Multiphasic Personality Inventory-Adolscent. Pearson. Online at…… [Read More]
DSL access speeds are just slightly higher than dial-up and as a result often do not have the performance necessary for supporting multiple WiFi users. In these installations of DSL in high density urban locations including apartment buildings, the speed degradation is noticeable and immediate when someone else is also using the WiFi signal. Conversely the speed of a cable modem-based WiFi connection is at times so fast there is no noticeable speed degradation as a result. Those that contend that using a neighbor's WiFi signal when their neighbor is connected via cable modem seek rationalization for taking excess bandwidth, and is also the argument those people use who freely share their paid-for access (Dalton, 2008). The actual WiFi Access Point or transmitter in a persons' apartment or home can vary in broadcasting strength, with the most fundamental ones only capable of producing a strong enough signal for 50 feet.…… [Read More]
Legal Aspects of Professional Psychology
All psychologists are required to follow the ethical guidelines found in the 2002 Ethical Principles of Psychologists and Code of Conduct of the American Psychological Association (APA), commonly known as the Ethics Code. Other important ethical guidelines are found in the 2007 Competing Development Achievement Levels (DALs) of the National Council of Schools and Programs in Professional Psychology (NCSPP) and the Assessment of Competing Benchmarks Work Group of the APA. These ethics codes cover compliance, privacy and confidentiality, assessment, therapy, research and publications, and there are also special guidelines for dealing with children, minorities, culturally diverse populations, forensic psychology and gay and lesbian clients. Both the Ethics Code and state laws require psychologists to maintain the confidentiality of clients and their records, apart from legal requirements to report verified or suspected child abuse or clients who are a danger to others. Psychologists can only provide…… [Read More]
In sum, the company has taken following steps in its planning functions:
The company is making is mandatory that the company does its business only with those firms that offer priority to ethical relationships with employees, distributors, customers, regulators, and shareholders.
The company is ensuring that each employee in the firm can understand and interpret the meaning and implementation of the ethical, legal and social issues in the business dealings.
Open communications regarding ethical, social, and legal issue and business practices with and to employees, distributors, customers, regulators, shareholders, and the public.
Beyond that, the company's planning is making it mandatory that its Human esources Departments should invest considerable amount of time and efforts in enhancing the diversity in the company. The company planning motto describes on the strength of diversity. The company is making sure that it creates diversity by hiring minority people, since its social responsibility lies in…… [Read More]
The CDM is meant to award the developers 'credits' for supporting projects in developing countries which avoid greenhouse gas emissions (Joy, 2000). Provided that these credits can be bought and sold, effectively the price of the project is decreased. It has been anticipated that this may decrease the price of nuclear plants by as much as 20 or 30 per cent. On the other hand it was decided, after pressure from the EU, that nuclear projects should not be eligible for CDM credits, with opponents to nuclear inclusion arguing that it was not a clean, safe or sustainable option, nor a useful tool for economic development, at the reconvened Conference of Parties to the Kyoto agreement held in Bonn in 2001 (Ferguson, 2010).
Despite the fact that there are some scenarios for a nuclear revitalization in estern countries, this does not appear probable to be on a big level, and…… [Read More]
esearch also showed that offenders tend to be part of or return to communities with high concentrations of offenders. The concentration of offenders in these neighborhoods affects the community negatively by increasing the stigma associated with the community and also saddling the community with additional problems without providing added resources needed for restoring or maintaining order. The ultimate consequence is the that the criminal justice system destabilizes informal networks of social control and increases poor attitudes towards formal social controls, both of which have been shown to contribute to increases in crime and disorder in the communities. Churning results in unnecessary pressure being put on the other residents of the communities who are law-abiding in disadvantaged communities. The removal of men from the community through incarceration has the chilling effect of changing the family's socio-economic structure. The families of incarcerated members, especially men, of the community also face stigma and…… [Read More]
Ethics to Practice: Analysis of 'end of life' decision making
The foregoing discussion is an incursion into nursing ethics. Implication(s) to 'omission' of information as a customary practice within our healthcare institution is reviewed in relation to best practices pertaining to 'informed consent,' and hospital policy is not definitive. Directed at the evolution of ethical decision making, the general query to the study focuses on the parameters of informed consent where individual practice is concerned.
In the nation of Canada where I am a nurse the number of situations where patient informed consent decisions might be subject to our national code of nursing ethics is many. e face critical ethical dilemmas every day, as emergency procedures and critical care interventions are standard practice. Complexity in decision making is furthered in the conduct and approaches made by international colleagues on contract in our institution by way of exchange.
The primacy of…… [Read More]
This may involved going around the legal department to the top managers, or back to the human resources manager. The firm would then be informed of the ways in which your work will be compromised by the legal department's stipulations. A request should also include testimony as to the value of having those constraints removed. This alternative demonstrates professionalism, affords you the opportunity to conduct your work they way you want to, and is the only way to gain leverage over the intransigent legal department.
The third alternative is to walk away from the project. This alternative would prevent you from violating your own ethical code. Also, it would prevent you from being forced to turn in substandard work. There would be a small hit to your professional pride about not finishing the work you were hired to do, but ultimately as a consultant you must have control of your…… [Read More]
Ethics and egulation in the Professional Asset Management Industry
Asset management is an operation that involves the diligent management of the investor's funds in a professional way. The asset manager thus is an agent hired to do the job on account of his or her peculiar financial ability. Professional firms that are into asset management thus have duties not only to the investors, but also to the stock market, the financial and government bodies in keeping their activities above board. The managers are often entrusted with the task of dealing with billions of dollars or assets of like proportions. It is when dealing with such a huge cash flow that there comes the problem of ethical dilemmas. The unethical models of behavior has brought forth many regulations and guidelines that have been issued by the government and the financial agencies -- these form the laws and other than that the…… [Read More]
(Ferrel, Fraedrich, & Farrel, 2009)
How will the implementation of the Sarbanes-Oxley Act of 2002 prevent future dilemmas in Tyco?
Sarbanes-Oxley increases: the penalties for such actions, limits the role that the board of directors will have with managers, it creates an accounting oversight board and it requires the CEO / CFO to certify under oath that all financial information is correct. This will severe as a deterrent and help to provide mechanisms, to the prevent ways that the fraud was able to be perpetuated at Tyco. (Ferrel, Fraedrich, & Farrel, 2009)
Can the SEC trust Tyco's new board?
Yes. This is because those members who were involved with Kozlowski were purged and none of the current members have committed any acts of wrong doing. These facts along with the Sarbanes-Oxley in place, means, that there is no reason for the SEC not to trust the board. (Ferrel, Fraedrich, &…… [Read More]
Intent to perform a greater good would not affect the possibility of being exposed to a prison sentence of up to 20 years and a fine of up to $250,000, plus possible penalties under state law.
Montana compares this legislation with that of the regulation of firearms. It is not the mere possession of malicious code that is criminalized, but the use and the damage to computer systems and association economic losses that are the focal point of the law. Computer code, even MMC, is considered intellectual property and carries legal protections similar to books or sound recordings. It is also considered a form of speech and therefore is also offered protection under the Constitution's First Amendment. However, this protection is limited, just as 'free speech' is limited, especially in instances when this speech interferes with the protection of the public welfare -- as is the case with the release…… [Read More]
The housing market was already strong, but the elimination of practical reasons for validating lender information opened several doors very wide, each with an unpleasant surprise hidden behind it. First, because realtors earn their commissions based on sales and on the relative value of property, they have little incentive to disqualify bad risks of eventual mortgage default. Second, banks became equally unconcerned with the veracity and accuracy of the financial information provided by prospective home buyers and it was no longer in anybody's interest to curb increasing home values. Third, the reliance on credit on the part of so many Americans fueled a housing and property development boom in many areas. Multiple Ethical Violations Provide the Ignition for Economic Disaster:
Lack of concern for verifying lender qualifications became so rampant in the first part of the 21st century that lenders offered "no-doc" loans that required no formal documentation of income…… [Read More]
Ethics of ar: Justified and Unjustified ar
hen countries launch hostile military actions against other nations to the point where war occurs, the belligerents will inevitably have fundamentally opposing views concerning the legitimacy of the conflict and each opposing side will offer its poignant justification for its respective moral, legal and political positions regarding the conflict. In many cases, all belligerents in a war may have equally compelling just causes, and these causes can change from just to unjust even as the war is being fought. Indeed, scarcity of resources is frequently at the heart of many wars, but virtually all wars throughout history have also been justified on the basis of both sound and spurious rationales, the veracity of which depends on who is asking and who is being asked, questions that quickly become heated when religious reasons are included in the mix. To get at the heart of…… [Read More]