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Ethics and Law
Business Ethics, Social Forces and the Law; The Constitution as the Foundation o
| Term | Definition |
|---|---|
| ETHICS | branch of philosophy dealing with values that relate to the nature of human conduct and values associated with that conduct |
| BUSINESS ETHICS | Balancing the goal of profits with the values of individuals and society |
| CIVIL DISOBEDIENCE | the term used when natural law proponents violate positive law. |
| CONFLICT OF INTEREST | conduct that compromises an employee’s allegiance to that company |
| ENTITLEMENT THEORY | another name for Nozick’s theory that we all have certain rights that must be honored and protected by government. |
| ETHICAL EGOISM | theory of ethics that we should all act in our own self-interest; the Ayn Rand theory that separates guilt from acting in our own self-interest. |
| INTEGRITY | the adherence to one’s values and principles despite the costs and consequences. |
| KANT'S CATEGORICAL IMPERATIVE | a standard of ethics that requires that we avoid one-sided benefit for us as a result of the conduct or decision. |
| MORAL RELATIVISTS | those who make decisions based on circumstances and not on the basis of any predefined standards. |
| NATURAL LAW | a system of principles to guide human conduct independent of, and sometimes contrary to, enacted law and discovered by man’s rational intelligence |
| POSITIVE LAW | law enacted and codified by governmental authority. |
| PRIMUM NON NOCERE | above all, do no harm. |
| RIGHTS THEORY | Nozick’s theory of ethics that we all have a set of rights that must be honored and protected by government. |
| SOCIAL CONTRACT | the agreement under Locke and Rawls as to what our ethical standards will be. |
| STAKEHOLDER ANALYSIS | the term used when a decision maker views a problem from different perspectives and measures the impact of a decision on various groups. |
| STAKEHOLDER | those who have a stake, or interest, in the activities of a corporation... |
| THEORY OF JUSTICE | the Locke and Rawlsian standard for ethics that requires that we all agree on certain universal principles in advance. |
| UTILITARIANS | theory of ethics based on doing the most good for the most people in making decisions. |
| BEDROCK VIEW | a strict constructionist interpretation of a constitution. |
| BICAMERAL | a two-house form of the legislative branch of government. |
| COMMERCE CLAUSE | that section of the U.S. Constitution allocating business regulation between federal and state governments. |
| DELEGATED POWERS | powers expressly granted the national government by the Constitution. |
| DUE PROCESS CLAUSE | a guarantee of protection against the loss of property or rights without the chance to be heard. |
| EXECUTIVE BRANCH | the branch of government (e.g., the president) formed to execute the laws. |
| EX POST FACTO LAWS | a law making criminal an act that was lawful when done or that increases the penalty when done. Such laws are generally prohibited by constitutional provisions. |
| FEDERAL SYSTEM | the system of government in which a central government is given power to administer to national concerns while individual states retain the power to administer to local concerns. |
| JUDICIAL BRANCH | the branch of government (e.g., the courts) formed to interpret the laws. |
| LEGISLATIVE BRANCH | the branch of government (e.g., Congress) formed to make the laws. |
| LIVING-DOCUMENT VIEW | the term used when a constitution is interpreted according to changes in conditions. |
| POLICE POWER | the power to govern; the power to adopt laws for the protection of the public health, welfare, safety, and morals. |
| PREEMPTION | the federal government’s superior regulatory position over state laws on the same subject area. |
| PRIVILEGES AND IMMUNITIES CLAUSE | a clause that entitles a person going into another state to make contracts, own property, and engage in business to the same extent as citizens of that state. |
| QUASI-JUDICIAL PROCEEDINGS | forms of hearings in which the rules of evidence and procedure are more relaxed but each side still has a chance to be heard. |
| SHARED POWERS | powers that are held by both state and national governments. |
| TRIPARTITE | three-part division (of government). |