Assignment 2, Part 1 - Sum 16

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Information about Assignment 2, Part 1 - Sum 16
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Published on July 13, 2016

Author: jaisabell

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Slide1: The Pyramid of Success Integrity Leadership Knowledge Slide2: WEST VIRGINIA UNIVERSITY College of Business and Economics BUSINESS ETHICS (BCOR 380, Section 7D1 CRN 51512 and 7D2 (CRN 51544) Online Format for Three Credit Hours David Cale, M.B.A., Ph.D. E-mail: David.Cale@mail.wvu.edu PH: 304-293-0539 Office: 106 BUE Office Hours: Mondays, Tuesdays & Fridays 11:00 am – 3:00 pm & by appointment Slide3: Business Ethics Summer 2016 Assignment 2 (Module Two). The Legal Context of Business & Professional Ethics 200 Points Part 1. The legal context framing business and professional ethics Due : Wednesday, July 13, 2016 Slide4: Business Ethics The study of how to properly use one’s economic and professional power with integrity. Slide5: While ancient philosophers were not interested in business ethics as we know it today, Plato carefully examined the professional ethics of politicians, poets, teachers, soldiers, and others . Plato gave us what we now call Business Ethics as a part of his philosophy of law. Slide6: The fundamental question analyzed in Plato’s Republic. Are the [statute] laws of a society created by ethos or are they created by the powerful so that the wealth produced by the common man will fall to their control? Slide7: The view of Socrates in Plato’s Republic Laws derive from man’s innate sense of justice. Slide8: Today we call the view of Socrates: Natural law theory the view that eternal human values determine the laws of a society ► Some eternal human values: life, liberty, freedom from pain, freedom from fear, freedom from want, Justice, Fairness, etc. Slide9: The view of Thrasymachus in Plato’s Republic Laws are only what people in power want them to be. ► Might makes right e.g. Congress exempting themselves and their staff from The Affordable Care Act Slide10: Corporate Cronyism As a modern day Example of the view of Thrasymachus Laws are only what people in power want them to be. Slide11: Corporate Cronyism This term captures the essence of the view of Thrasymachus in Plato’s Republic This is also why law is not a subset of ethics. Many laws are unethical. Slavery was once legal! Slide13: A Thrasymachus world arises when people use laws as a device to give themselves both economic power and political power. To overcome a Thrasymachus World the framers of the U.S. Constitution (1) ended royalty (2) gave economic power to citizens (free markets) and (3) political power to government. Slide14: The five historic forms of power potentially available to one individual g uns & muscle (e.g. personal guards) e xpertise (e.g. a law degree) economic power (land, stocks, cash, etc.) political power (the ability to rally a large number of individuals) m ilitary power (all of the above) Slide15: Power hungry people, by nature, always seek to grab both economic power and political power. People in government do it by promoting socialism, government control of the economy. People in business seek to do it through corporate cronyism. a.k.a. pay to play Slide16: People interpret the role of government in many ways – some examples are: The purpose of government is to: Protect me from harm Guarantee that I have an education & job Take from those who can & will and give to those who can’t or won’t  Force other people to buy my goods and services (Government grant seekers, non-profit & corporate, have this interpretation of government – Cronyism tends to be here) Slide17: Slide18: Wall Street Journal – P. A14 March 18, 2015 Film Subsidies: Exit Stage Right Michigan – 39 Million $ to film companies in 2013 – 9 billion in all corporate grants. (Taxpayers to be hit with cuts in school spending and hefty tax increases to cover a $532,000,000 budget shortfall.) But, a study showed not one permanent job was created in 2013 and the State recouped only 11 cents on each dollar spent. Slide19: Rent Seeking In this, businesses or professionals band together to have a state board created whose task is to restrict competition through discriminatory regulations. Slide20: Rent Seeking The North Carolina State Board of Examiners. (now before the Supreme Court) Issue: Teeth whitening is a low tech procedure simply involving the application of strips. The NCSBE stopped 47 pharmacies from providing this service – demanding it must be done only by professional dentist. Slide21: The 1943 Parker Case Involved California Raisin growers Assn. In this, the Supreme Court held that private parties acting in concert with state government are not constrained by Federal anti-trust laws. (They are free to set output & prices) Slide22: Public-Private Partnerships. In this, Corporations join with local Economic Development Authorities (EDAs) to force private individuals to sell them their land. Slide23: Circa 2002, Pfizer Corp. wanted a mixed residential area, next to their headquarters in New London, CT, to be leveled and replaced with an upscale development that would include a five-star luxury hotel, top-tier condos, and private office space for Pfizer’s suppliers, workers, and visitors . Through cronyism, they partnered with the local EDA to receive a large state grant . The EDA “partner” used its eminent domain power to force the people living there to sell their land to them so they could resell it to Pfizer for their planned development. Susette Kelo , did not want to sell her home and was taken to court by the EDA. Slide24: Kelo v. City of New London In this case the Supreme Court ruled that the general benefits a community enjoys (trans. greater good) from economic growth qualified private redevelopment plans as a permissible "public use" under the Takings Clause of the Fifth Amendment. Slide25: Kelo v. City of New London In this the Supreme Court ruled that a business, if in partnership with government, can use eminent domain; if it can be proved the outcome will raise the amount of collectible property taxes. Slide26: From Parker to Kelo Private businesses increase their power by joining political & regulative power to their economic power while government entities increase their power by joining economic power to their political & regulative power. The Supreme Court has consistently undermined the f ounding principle that liberty requires the separation of economic & political power. Slide27: So, are laws created by ethical considerations and a human desire to make the world a better place for all; or are ethical considerations created as ways of justifying laws? For Example, w hat changed that gambling, once considered immoral and outlawed by most state governments, is now embraced by most state governments and aggressively marketed through state lotteries? Did ethos, the values of the people change, and the law merely reflect this change, or did government, seeing the money to be made, align with gambling interests to redefine its acceptability? In doing Assignment 2, Part 1, give your view on whether law drives ethics, ethics drives law, or both confront each other in an historical struggle that goes back at least to the days of Plato. Research a journal article that relates to what might be called a “chicken-egg” debate: D oes law create ethics or does ethics, as ethos, create laws? Slide28: End of Professor’s notes for Assignment 2 , Part 1 Remember: An assignment’s number matches the module to which it applies. Assignment 2 The Legal Context of Business & Professional Ethics Title your Part 1. The legal context framing business and professional ethics And minimally write a 700 word paper on this topic using the instructions found at the top of page three of your syllabus. Submit to Turnitin with the other three parts of Assignment 2 as one document, not four. Due: Wednesday, July 13, 2016

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