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46 Cards in this Set

  • Front
  • Back
Blanchard and Peale
Is it legal? Is it balanced? How does it make me feel?
Categorical Imperative (Kant)
One ought only to act such that the principle of one's act could become a universal law of human action in a world in which one would hope to live
Contractarians and Justice
Putting ethical standards in place by a social contract; using rational thinking people develop a set of rules for everyone.
Divine Command Theory
Ethical standards are based upon religious beliefs.
Ethical Egosim
We all act in our own self-interest and limit our judgments to our own conduct, not the conduct of others.
Ethics
The unwritten rules we have developed for our interaction with each other.
Front Page of the Newspaper Test
"Contemplating any business act, an employee should ask himself whether he would be willing to see it immediately described by an informed and critical reporter on the front page of his local paper, there to be read by his spouse, children, and friends."
Laura Nash
(1) Have you defined the problem accurately? (2) How would you define the problem if you stood on the other side of the fence? (3) How did this occur in the first place? (4) To whom and what do you give your loyalties as a person and as a member of the corporation? (5) What is your intention in making this decision? (6) How does this intention compare with the likely results? (7) Whom could your decision or action injure? (8) Can you engage the affected parties in a discussion of the problem before you make your decision? (9) Are you confident that your position will be as valid over a long period of time as it seems now? (10) Could you disclose without qualm your decision or action to your boss, your CEO, the board of directors, your family, or society as a whole? (11) What is the symbolic potential of your action if understood? If misunderstood? (12) Under what conditions would you allow exceptions to your stand?
List the categories of ethical dilemmas
a. Taking things that don't belong to you. b. Saying things you know are not true. c. Giving or allowing false impressions. d. Buying influence or engaging in conflicts of interest. e. Hiding or divulging information. f. Taking unfair advantage.g. Committing acts of personal decadence. h. Perpetrating interpersonal abuse. i. Permitting organizational abuse. j. Violating rules.k. Condoning unethical conduct.l. Balancing ethical dilemmas.
Methods avoid facing ethical dilemmas
Re-labeling (copyright infringement vs. peer-to-peer file sharing) and rationalizing.
Moral Relativists
Time-and-place ethics; making ethical choices based on the circumstances.
primum non nocere
"Above all do no harm."
Rights Theory
Everyone has a set of rights and it is the role of government to enforce those rights.
Steps to Follow for Analyzing an Ethical Dilemma
1. Make sure you have a grasp of all of the facts available. 2, List any information you would like to have but don't and what assumptions you would have to make, if any, in resolving the dilemma. 3, Take each person involved in the dilemma and list the concerns they face or might have. 4,Develop a list of resolutions for the problem. 5,Evaluate the resolutions for costs, legalities, and impact. 6,Make a recommendation on the actions that should be taken.
Utilitarian Theory
Greatest good for the greatest number of people.
Virtue Ethicists (Plato and Aristotle)
Develop virtues and determine conduct by those virtues.
Censorship
According to the American Civil Liberties Union (ACLU), it is the “Suppression of words, images, or ideas that are "offensive,""
Enlightened Self-interest School of Social Responsibility
Advises managers to be responsible to shareholders by being responsive to the larger society.
Inherence School of Social Responsibility
Advises managers to serve shareholders and to act only with shareholders’ interests in mind.
Invisible Hand School of Social Responsibility
Role of business is to serve larger society and it does so best when serving shareholders only.
Morals clause
Part of a contract for actors, athletes and others that prohibits private conduct that would subject that person to public ridicule.
Shareholders
Owners of shares of stock in a corporation.
Social Responsibility School of Social Responsibility
Role of business is to serve larger society, so it should serve the needs of the larger society.
Stakeholders
Groups of people who are impacted by a company’s business decisions including customers, suppliers and the government.
Steroids
Prescription medication often used illegally to increase the performance of competitive athletes.
“Toes to the Line” philosophy
Doing no more than what is required under the law while violating the spirit (or intent) of the law.
Acts of state doctrine
Each country's governmental actions are not subject to judicial review by the courts in other countries.
Bilateral Treaty
In international law, a treaty between two nations.
Civil Law
These are laws affecting the private rights of individuals. They are enforced by the individuals who are harmed.
Common Law
The legal customs from England that were adopted by the courts which are now considered to be judicial precedent in the US.
Constitution
Document that contains an individual's basic rights in a society and the structure of the government.
Criminal Laws
Wrongs against society that are enforced by the government.
Equity
That portion of the law that originated to give remedies when money damages were not appropriate or adequate.
Injunction
Equitable remedy in which courts order someone to stop a particular activity.
Jurisprudence
The philosophy of law.
Ordinances
Laws at the city, town, or county level.
Party autonomy
The right of parties to determine privately their choice of law.
Stare Decisis
The doctrine of following or distinguishing precedent from previous court cases. It is Latin term for "Let the decision stand"
Statutory Laws
Laws that are passed by some governmental entity.
Universal Treaty
A treaty accepted and recognized by all countries.
Affirm
When the appellate court upholds the lower court's decision.
Appellant (or petitioner)
The party who appeals a lower court's decision.
Appellate Court
A court of review that reviews the trial court proceedings for errors of law and procedure.
Attorney-client privilege
An attorney cannot disclose statements or information given by the client.
Alternative Dispute Resolution (ADR)
Means other than litigation used to resolve disputes and claims; includes arbitration, mediation, and negotiated settlements.
Answer
Pleading filed by the defendant containing the defendant's version of the basis of the suit.