A Philosophical Perspective on the Regulation of Business
ABSTRACT: The paper compares the Anglo-American and continental legal systems in parallel with a comparison of the philosophical foundations for each. The defining philosophical distinction between the two legal traditions (viz., the Anglo-American system is predicated on idealism and the continental system on materialism) is shown to influence the way in which criminal justice is handled by the two systems as applied to citizens, and how this influence is carried across to the regulation of business as applied to corporations. The idealistic (possibly theological) worldview inherent in the Anglo-American legal system explains its moral presumptions regarding human freedom, dignity, and responsibility, while the materialist worldview inherent in the continental legal systems explains its amoral assumptions about human motivations and behavior. I suggest that while the Anglo-American legal system may be justified in its moral philosophical presumptions as applied to citizens, the continental legal system, with its amoral assumptions, more accurately reflects corporations than citizens. Understanding how the philosophy behind the two legal systems influences the application of law in modern society can lead to improvements in public policy.
There is an effort underway in the automotive sector of the ever-expanding global economy to harmonize motor vehicle regulations world-wide. This micro-experiment in world democracy (along with others like it in different economic sectors) differs from more prominent examples of negotiating international law in that it deals with the amoral realm of business, rather than the moral/immoral realm of international conflict and criminal ...
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... To rationalize is not to justify; harsh punishment does tend to result from moral outrage, but this tendency merely betrays self-righteousness on the part of the morally outraged, and as such is an immoral influence (this is the blame-wraith of moral judgment).
(8) This is not to say that the analogy between a corporation and a person is completely baseless (corporations are made up of persons, after all), but the human motivations behind corporate activity, the overriding goal of which is monetary profit, and the human aspirations behind leading of an ethical life in civil society, are fundamentally different, and therefore may well warrant different legal/regulatory approaches.
(9) In spite of the practical (in the Aristotelian sense) nature of public policy, it requires moral justification (in the Platonic sense) in order to escape this derisive connotation.
It's difficult not to be cynical about how “big business” treats the subject of ethics in today's world. In many corporations, where the only important value is the bottom line, most executives merely give lip service to living and operating their corporations ethically.
In legal theory, there is a great debate over whether or not law should be used to enforce morality. The sides of the debate can be presented as a continuum. At one end, there is the libertarian view, which holds that morality is an individual belief and that the state should not interfere in the affairs of the individual. According to this view, a democracy cannot limit or enforce morality. At the other end, there is the communitarian position, which justifies the community as a whole deciding what moral values are, and hence justifies using the law to enforce community values. For libertarians, judges should play a prominent role in limiting the state, while for communitarians, judges should have as small a role as possible. In between these two extremes sit the liberal egalitarians, who attempt to reconcile democratic decision-making about moral values with liberalism. The problem is made more complex when one considers that both law and morality are contested concepts. Two recent cases where this continuum can be illustrated are Canada [Attorney-General] vs. Mossap, and Egan vs. Canada. In this essay, I will attempt to explore some of the issues produced in these two cases. I will begin with a summary each case, followed by an analysis of the major themes involved. I will then place the issues in a larger, democratic framework, and explore the role of law in enforcing morality in a democracy. I will then prove how the communitarian position - as articulated by Patrick Devlin - supports the decisions given in Mossap and Egan, and how even the great proponents of libertarianism - Mill and von Hayek - would agree that the decisions were just. A conclusion will then follow.
In the context of his experience on the bench and his interest in the general theoretical approach of "Law and Economics," Richard Posner has developed an important empirical theory about judicial behavior which has significant national and international implications. In the economic analysis of law, economics, understood roughly as capitalism, is taken as fundamental to the understanding and application of law. Posner's theory is presented as a further development of the general progra...
The many debates about art cinema versus classical cinema have been going around for a while. The mainstream Hollywood classical film and the art cinema are frequently presented as opposites. In one, the style of the film is bland, while the other seeks to center its focus on the visual becoming central as narrative unity. Throughout the movie directed by Stanley Kubrick called 2001: A Space Odyssey, we see that this film can be classified as an art film. On the other hand, it can also be seen as classical film. Even though these two are the complete opposite and they contradict themselves, they are both apparent in the film.
Grenberg, Bruce L. "Fitzgerald's 'Figured Curtain': Personality and History in Tender Is the Night." In Critical Essays on F. Scott Fitzgerald's Tender Is the Night, ed. Milton R. Stern. Boston: G. K. Hall, 1986.
In the article Construction of the Female Self: Feminist Readings Of the Disney Heroine, Jill Birmie Henke, Diane Zimmerman Umble, and Nancy J. Smith are looking at the female self and how it was developed based on two theories: Standpoint by Parker Follet and the psychological development of girls by Gilligam. That by examines gender identity especially girls and how media exposure affects them through analyzing five of Disney movies: Cinderella, Sleeping Beauty, The little Mermaid, Beauty and the Beast, and Pocahontas. They segmented the article into three titles: The Oxymoron of Power and the Perfect Girl where they introduced the two theories in which they built their critic on, Construction of the Female Self where they talk about the evolution in the female character from Cinderella to Pocahontas, and Construction of Self in Relation to Others where they talk about the evolution of the self in relation to others from power-over to power-with until power-to. Finally they concluded that even if the female character in Disney’s movies was changing to become more
In the 1950s Disney character such as “Cinderella” and “Sleeping Beauty” depicted women as still innocent and meek, thereby alluding to the permanence of pre-feminist stereotyping of women in popular culture (Cheu 150). In the two fi...
If the nebula is dense enough, certain regions of it will begin to gravitationally collapse after being disturbed. As it collapses the particles begin to move more rapidly, which on a molecular level is actually heat, and photons are emitted that drive off the remaining dust and gas. Once the cloud has collapsed enough to cause the core temperature to reach ten-million degrees Celsius, nuclear fusion starts in its core and this ball of gas and dust is now a star. It begins its life as a main sequence star and little does it know its entire life has already been predetermined.
Think about your favorite movie. When watching that movie, was there anything about the style of the movie that makes it your favorite? Have you ever thought about why that movie is just so darn good? The answer is because of the the Auteur. An Auteur is the artists behind the movie. They have and individual style and control over all elements of production, which make their movies exclusively unique. If you could put a finger on who the director of a movie is without even seeing the whole film, then the person that made the movie is most likely an auteur director. They have a unique stamp on each of their movies. This essay will be covering Martin Scorsese, you will soon find out that he is one of the best auteur directors in the film industry. This paper will include, but is not limited to two of his movies, Good Fellas, and The Wolf of Wall Street. We will also cover the details on what makes Martin Scorsese's movies unique, such as the common themes, recurring motifs, and filming practices found in their work. Then on
Stanley, Janet E., Stanley J. Watson, and John A. Benson. Marijuana and Medicine: Assessing the Science Base. Washington D.C.: National Academy P, 1999.
Shklovskii, Iosif S. Stars: Their Birth, Life, and Death. Moscow: Central Press for Literature in Physics and Mathematics, 1975.
Corporate ethics are slightly different, there are already a countless number of laws that exist setting a basic standard for ethics in the professional community. Now there are certain ethics that have completely shifted in the business world starting mostly in the 1960s. For example, businesses also began embracing social responsibility at a level not previously seen; the 1960s saw companies trumpet environmental friendliness for the first time and find new ways to give back to their communities (). Today ethical challenges for corporate has almost completely shifted from what it was 20 years
Princess films are centered around a female character who meets the love of her life and, like in other fairy tales, ends with their wedding (Ross 4). Initially, the Disney princesses’ have portrayed a typical female role in the film, showing the expected gender roles in American society (England Descartes Collier-Meek 563). These gender-based stereotypes are influenced by the time period they were made in, but also originating from old fairytales made centuries ago. “Society’s increasing reliance on the use of television and videos to occupy children warrants continued investigation of how exposure to media may affect children. Given that media portrayals like those in the animated movies of Walt Disney often reinforce societal stereotypes related to gender, ethnicity, and culture, parents may consider a more thoughtful approach to the use of television and videos” (Disney Movies 1).
This theory looks at how the sovereign and its officials created the law based on social norms and the institutions (Hart, 1958). However, hard cases such as this makes for bad law, which test the validity of the law at hand based on what the objective of the law was in the first place. The law should not be so easily dismissed just because it does not achieve justice in the most morally sound manner (Hart, 1958). Bentham and Austin understood that there are two errors in the way law is understood, what the law is and what the law should be (Hart, 1958). He knew that if law was to become what humans perceived the law ought to be, the law itself would be lost, but he also recognized that if the opposite was to occur where the law replaced morality, than any man would escape liability and there would be no retribution (Hart, 1958). This theory looks at the point of view of the dissenting judge, Justice Gray, which is that the law is what it is, even if it may conflict with morals. Austin stated that “The existence of law is one thing; its merit and demerit another. Whether it be or be not is one enquiry; whether it be or be not conformable to an assumed standard, is a different enquiry (Hart, 1958).” This case presents the same conflict that Bentham and Austin addressed, that the law based on the statute of the
“Entertainment has to come hand in hand with a little bit of medicine, some people go to the movies to be reminded that everything’s okay. I don’t make those kinds of movies. That, to me, is a lie. Everything’s not okay.” - David Fincher. David Fincher is the director that I am choosing to homage for a number of reasons. I personally find his movies to be some of the deepest, most well made, and beautiful films in recent memory. However it is Fincher’s take on story telling and filmmaking in general that causes me to admire his films so much. This quote exemplifies that, and is something that I whole-heartedly agree with. I am and have always been extremely opinionated and open about my views on the world and I believe that artists have a responsibility to do what they can with their art to help improve the culture that they are helping to create. In this paper I will try to outline exactly how Fincher creates the masterpieces that he does and what I can take from that and apply to my films.