BUSINESS ETHICSSubmitted by: - Rupam JhaQ1(a) Ethics has no
place in the business. Discuss this statement
Answer- BUSINESS ORGANIZATIONAL ETHICS BUSINESS Organizational
ethics is a tool that shapes an organization as a community. In
every organization, there is something that works well, which can
serve as a foundation for significant progress toward a desired
future. Organizational ethics pays special attention to the best of
an organization's past and present to ignite its collective
imagination of what might be. It builds from what is working well
now toward where the organization and its stakeholders truly desire
to go. Organizational ethics sees an organization as a community to
be valued and explored. It strives to quicken and intensify
existing individual capabilities and organizational capacities,
extend their number and scope, organize them so that their
conflicts will be harmonized, and mobilize their energies of will
and intellect to bring them to self-realization. Organizational
integrity is the end sought. It is a dynamic state of being and
process; it both shapes and improves. It is about moving the
organization toward its guiding image of the future.
Ethics is two things.First, ethics refers to well based
standards of right and wrong that prescribe what humans ought to
do, usually in terms of rights, obligations, benefits to society,
fairness, or specific virtues. Ethics, for example, refers to those
standards that impose the reasonable obligations to refrain from
rape, stealing, murder, assault, slander, and fraud. Ethical
standards also include those that enjoin virtues of honesty,
compassion, and loyalty. And, ethical standards include standards
relating to rights, such as the right to life, the right to freedom
from injury, and the right to privacy. Such standards are adequate
standards of ethics because they are supported by consistent and
well founded reasons.Secondly, ethics refers to the study and
development of one's ethical standards. As mentioned above,
feelings, laws, and social norms can deviate from what is ethical.
So it is necessary to constantly examine one's standards to ensure
that they are reasonable and well-founded. Ethics also means, then,
the continuous effort of studying our own moral beliefs and our
moral conduct, and striving to ensure that we, and the institutions
we help to shape, live up to standards that are reasonable and
solidly-based.
A Framework for Thinking Ethically in decision makingThis
information is designed as an introduction to thinking ethically.
We all have an image of our better selves-of how we are when we act
ethically or are "at our best." We probably also have an image of
what an ethical community, an ethical business, an ethical
government, or an ethical society should be. Ethics really has to
do with all these levels-acting ethically as individuals, creating
ethical organizations and governments, and making our society as a
whole ethical in the way it treats everyone.What is Ethics?Simply
stated, ethics refers to standards of behavior that tell us how
human beings ought to act in the many situations in which they find
themselves-as friends, parents, children, citizens, businesspeople,
teachers, professionals, and so on.
It is helpful to identify what ethics is NOT:1 Ethics is not the
same as feelings. Feelings provide important information for our
ethical choices. Some people have highly developed habits that make
them feel bad when they do something wrong, but many people feel
good even though they are doing something wrong. And often our
feelings will tell us it is uncomfortable to do the right thing if
it is hard.2 Ethics is not religion. Many people are not religious,
but ethics applies to everyone. Most religions do advocate high
ethical standards but sometimes do not address all the types of
problems we face.3 Ethics is not following the law. A good system
of law does incorporate many ethical standards, but law can deviate
from what is ethical. Law can become ethically corrupt, as some
totalitarian regimes have made it. Law can be a function of power
alone and designed to serve the interests of narrow groups. Law may
have a difficult time designing or enforcing standards in some
important areas, and may be slow to address new problems.4 Ethics
is not following culturally accepted norms. Some cultures are quite
ethical, but others become corrupt -or blind to certain ethical
concerns (as the United States was to slavery before the Civil
War). "When in Rome, do as the Romans do" is not a satisfactory
ethical standard.5 Ethics is not science. Social and natural
science can provide important data to help us make better ethical
choices. But science alone does not tell us what we ought to do.
Science may provide an explanation for what humans are like. But
ethics provides reasons for how humans ought to act. And just
because something is scientifically or technologically possible, it
may not be ethical to do it.
Why Identifying Ethical Standards is HardThere are two
fundamental problems in identifying the ethical standards we are to
follow:1. On what do we base our ethical standards?2. How do those
standards get applied to specific situations we face?If our ethics
are not based on feelings, religion, law, accepted social practice,
or science, what are they based on? Many philosophers and ethicists
have helped us answer this critical question. They have suggested
at least five different sources of ethical standards we should
use.
Five Sources of Ethical Standards
The Utilitarian ApproachSome ethicists emphasize that the
ethical action is the one that provides the most good or does the
least harm, or, to put it another way, produces the greatest
balance of good over harm. The ethical corporate action, then, is
the one that produces the greatest good and does the least harm for
all who are affected-customers, employees, shareholders, the
community, and the environment. Ethical warfare balances the good
achieved in ending terrorism with the harm done to all parties
through death, injuries, and destruction. The utilitarian approach
deals with consequences; it tries both to increase the good done
and to reduce the harm done.
The Rights ApproachOther philosophers and ethicists suggest that
the ethical action is the one that best protects and respects the
moral rights of those affected. This approach starts from the
belief that humans have a dignity based on their human nature per
se or on their ability to choose freely what they do with their
lives. On the basis of such dignity, they have a right to be
treated as ends and not merely as means to other ends. The list of
moral rights -including the rights to make one's own choices about
what kind of life to lead, to be told the truth, not to be injured,
to a degree of privacy, and so on-is widely debated; some now argue
that non-humans have rights, too. Also, it is often said that
rights imply duties-in particular, the duty to respect others'
rights.
The Fairness or Justice ApproachAristotle and other Greek
philosophers have contributed the idea that all equals should be
treated equally. Today we use this idea to say that ethical actions
treat all human beings equally-or if unequally, then fairly based
on some standard that is defensible. We pay people more based on
their harder work or the greater amount that they contribute to an
organization, and say that is fair. But there is a debate over CEO
salaries that are hundreds of times larger than the pay of others;
many ask whether the huge disparity is based on a defensible
standard or whether it is the result of an imbalance of power and
hence is unfair.
The Common Good ApproachThe Greek philosophers have also
contributed the notion that life in community is a good in itself
and our actions should contribute to that life. This approach
suggests that the interlocking relationships of society are the
basis of ethical reasoning and that respect and compassion for all
others-especially the vulnerable-are requirements of such
reasoning. This approach also calls attention to the common
conditions that are important to the welfare of everyone. This may
be a system of laws, effective police and fire departments, health
care, a public educational system, or even public recreational
areas.
The Virtue ApproachA very ancient approach to ethics is that
ethical actions ought to be consistent with certain ideal virtues
that provide for the full development of our humanity. These
virtues are dispositions and habits that enable us to act according
to the highest potential of our character and on behalf of values
like truth and beauty. Honesty, courage, compassion, generosity,
tolerance, love, fidelity, integrity, fairness, self-control, and
prudence are all examples of virtues. Virtue ethics asks of any
action, "What kind of person will I become if I do this?" or "Is
this action consistent with my acting at my best?"
Putting the Approaches TogetherEach of the approaches helps us
determine what standards of behavior can be considered ethical.
There are still problems to be solved, however.The first problem is
that we may not agree on the content of some of these specific
approaches. We may not all agree to the same set of human and civil
rights.We may not agree on what constitutes the common good. We may
not even agree on what is a good and what is a harm.The second
problem is that the different approaches may not all answer the
question "What is ethical?" in the same way. Nonetheless, each
approach gives us important information with which to determine
what is ethical in a particular circumstance. And much more often
than not, the different approaches do lead to similar answers.
Making DecisionsMaking good ethical decisions requires a trained
sensitivity to ethical issues and a practiced method for exploring
the ethical aspects of a decision and weighing the considerations
that should impact our choice of a course of action. Having a
method for ethical decision making is absolutely essential. When
practiced regularly, the method becomes so familiar that we work
through it automatically without consulting the specific steps.The
more novel and difficult the ethical choice we face, the more we
need to rely on discussion and dialogue with others about the
dilemma. Only by careful exploration of the problem, aided by the
insights and different perspectives of others, can we make good
ethical choices in such situations.We have found the following
framework for ethical decision making a useful method for exploring
ethical dilemmas and identifying ethical courses of action.
A Framework for Ethical Decision MakingRecognize an Ethical
Issue1. Is there something wrong personally, interpersonally, or
socially? Could the conflict, the situation, or the decision be
damaging to people or to the community?2. Does the issue go beyond
legal or institutionalconcerns? What does it do to people, who have
dignity, rights, and hopes for a better life together?Get the
Facts3. What are the relevant facts of the case? What facts are
unknown?4. What individuals and groups have an important stake in
the outcome? Do some have a greater stake because they have a
special need or because we have special obligations to them?
5. What are the options for acting? Have all the relevant
persons and groups been consulted? If you showed your list of
options to someone you respect, what would that person say?Evaluate
Alternative Actions From Various Ethical Perspectives6. Which
option will produce the most good and do the least harm?Utilitarian
Approach: The ethical action is the one that will produce the
greatest balance of benefits over harms.7. Even if not everyone
gets all they want, will everyone's rights and dignity still be
respected?Rights Approach: The ethical action is the one that most
dutifully respects the rights of all affected.8. Which option is
fair to all stakeholders?Fairness or Justice Approach: The ethical
action is the one that treats people equally, or if unequally, that
treats people proportionately and fairly.9. Which option would help
all participate more fully in the life we share as a family,
community, society?Common Good Approach: The ethical action is the
one that contributes most to the achievement of a quality common
life together.10. Would you want to become the sort of person who
acts this way (e.g., a person of courage or compassion)?Virtue
Approach: The ethical action is the one that embodies the habits
and values of humans at their best.Make a Decision and Test It11.
Considering all these perspectives, which of the options is the
right or best thing to do?12. If you told someone you respect why
you chose this option, what would that person say? If you had to
explain your decision on television, would you be comfortable doing
so?Act, Then Reflect on the Decision Later13. Implement your
decision. How did it turn out for all concerned? If you had it to
do over again, what would you do
differently?======================================================IN
BUSINESS ORGANIZATION, THE PEOPLE TAKE AN ORDINARY/ REGULAR
DECISIONAND PUT IT THROUGH THE ETHICS FILTER.Ethics FiltersUntil
now we have been discussing a generic decision model similar to
those taught in every business school and management training
program. But our concern is not just decision making; it is ethical
decision making.The ethical component of the decision making
process takes the form of a set of "filters". Their purpose is to
separate the sought after elements from their containing
environment.At key steps in the process the decision maker can stop
and run his/her considerations through these filters and thereby
separate the ethical conations from the remainder of the decision.
This ensures that the ethical issues imbedded in the decision can
be given consideration.In their academic form, the language for
these filters is too complex and academic for most employees. In
simplifying the process we risked losing some of the finer points
but dramatically increased the utility of the ethics filters
process.To make it easy to understand and apply these ethics
filters we have adapted to mnemonic word PLUS.1 P = PoliciesIs it
consistent with my organization's policies, procedures and
guidelines?2 L= LegalIs it acceptable under the applicable laws and
regulations?3 U = UniversalDoes it conform to the universal
principles/values my organization has adopted?4 S= Self5 Does it
satisfy my personal definition of right, good and fair?PLUS
presumes effective communication with all employees so there is a
common understanding of:1 the organization's policies and
procedures as they apply to the situation.2 the applicable laws and
regulations.3 the agreed to set of "universal" values - in this
case Empathy, Patience, Integrity, Courage (EPIC)4 the individual's
sense of right, fair and good springing from their personal values
set.PLUS also presumes a formal mechanism, provided by the
organization, to allow employees access to a definitive
interpretation of the policies, laws and universal values when
their own knowledge of these PLUS factors is insufficient for them
to make the decision with a high level of confidence.The PLUS
filters work as an integral part of steps 1, 3 and 6 of the
decision making process. The decision maker applies the four PLUS
filters to determine if the ethical component(s) of the decision
are being surfaced/addressed/satisfied.1 Step 12 Define the problem
(PLUS surface the ethical issues)3 Does the existing situation
violate any of the PLUS considerations?4 Step 25 Identify available
alternative solutions to the problem6 Step 37 Evaluate the
identified alternatives (PLUS assess their ethical impact)8 Will
the alternative I am considering resolve the PLUS violations?9 Will
the alternative being considered create any new PLUS
considerations?10 Are the ethical trade-offs acceptable?11 Step 412
Make the decision13 Step 514 Implement the decision15 Step 616
Evaluate the decision (PLUS surface any remaining/new ethical
issues)17 Does the resultant situation resolve the earlier PLUS
considerations?18 Are there any new PLUS considerations to be
addressed?
The user should realize that the PLUS filters do not guarantee
an ethical decision. They merely ensure that the ethical components
of the situation will be surfaced so that they might be
considered.While PLUS suggests a process for assessing the ethical
impact of a decision, ultimately whether or not the decision meets
the ethical standards of the organization or the individual
decision maker is a matter of personal responsibility. After all,
ethics is about choices.
(b) An ethic of caring conflicts with morality because morality
requires impartiality. Discuss this criticism of an ethic of
caring
Answer- Q2(a) From an ethical point of view, big business is
always bad business. Discuss the pros and cons of this
statement
Answer- THIS GENERALIZATION OF THE STATEMENT IS NOT RIGHT.CONS
OF THIS STATEMENT.
BIG BUSINESS BRINGS A LOT OF BENEFITS TO THE COMMUNITY
Benefits Include:
-Maximize Sales and Profit:
*brings return on investment for the stakeholders.
*brings job opportunity for the community.
*brings better living for the job holders.
*brings more products for better lifestyle etc.
-Growth Path:
*career opportunties for many aspirants from the community.
-Collaboration and Productivity Enhancement:
*Big Business helps the employees work together and share
lifestyle information.
-Easy to Use:
*Big Business helps the employees to learn/ develop
themselves
with easy to use knowledge/skills.
-Value:
*Big Business helps to add value to your life by providing
resources support like superannuation.
-Advanced Technology:
*The latest technologies are integrated into Big Business to
automate the entire business process and infrastructure and make
you more productive. This enriches your life and your own
knowledge.etc
CONS OF THIS STATEMENT-sometimes big business focus too much on
finance and less on human resources
-Sometimes big business try to go for bigger profit at the cost
of the consumer--some kind of exploitation.
- sometimes pay very little attention to the local community
needs.
-sometimes exploits the workers.etc(b) Equality, justices and a
respect for rights are characteristics of the American Economic
System. Would you agree or disagree with this statement? Why?
Answer-The American economic system is a capitalist, free-market
system, benefiting from the size and uniformity of the market, and
resulting from its social and cultural systems. It is very
competitive when scale matters, such as large industries, and often
very creative in new industries. But with the relatively lowly
educated American population, especially in matters of selling to
other cultures, America will struggle to compete
internationally.
The American economic system has many characteristics that are
reasons for optimism. Here are three:
Ingenuity
No matter what some critics assert about "an America that's
changed forever" or "an America on the verge of Armageddon," the
U.S. remains one of the freest, fairest nations in the world -- and
this has led to wave after wave of innovation. Critics speak of an
America in the current and future decades not being conducive to
business start-ups and entrepreneurs. Tell that to the hundreds of
thousands of foreign citizens/businessowners who would jump at the
chance at U.S. citizenship. This country will continue to attract
talented, industrious, enterprising people from abroad and others
pursuing their dreams, and many of these individuals will
contribute to the innovation that will revitalize the U.S.
economy.
ResiliencyAnother characteristic you can trace across centuries
is the American economy's ability to adapt, reorganize and find new
engines of growth. The early period of mechanization was supposed
to lead to economic decline because all the local craftsmen who
made things by hand were displaced. The rise of Japan's electronics
industry in the 1960s and 1970s was supposed to do the same because
the U.S. couldn't possibly survive without a domestic TV and radio
manufacturing sector. Now it's the rise of China, India and other
emerging nations that's supposed to lead to the great American
decline. But investors will carefully note that during each period
of structural change, the U.S economy adapted and retooled, workers
retrained and new sectors were created where Americans performed
value-added jobs.
Job MobilityAnother overlooked advantaged -- perhaps because the
current recession has reduced its prevalence -- concerns job
mobility. Among industrialized economies, U.S. workers are highly
mobile. Of course, that has a big downside: Unless workers have a
contract, companies can eliminate jobs quickly. But the reverse is
also true: Employees can secure employment in better/more suitable
positions more quickly than they can in many European economies.
True, job scarcity and the excruciatingly high U.S. unemployment
rate have reduced this natural flow of talent to its highest and
best use. But that flow will increase again once the economy starts
adding jobs in a sustained way.
The new U.S. health care system could further unleash this
talent pool. Many professionals, blue-collar employees and others
stay in their current job, not because it's their preference but
because they get employer-provided health care. However, because
the new system gives everyone the opportunity to buy health
insurance at an affordable price, regardless of preexisting
conditions, workers will likely feel much freer to pursue the most
suitable employment. That could unlock creativity, increase
productivity and spark a new wave of business start-ups.
So when you hear the dueling diatribes on 24-hour cable news
shows, it's worth remembering that more people still want to come
to the U.S. than to leave it. And that most international investors
still consider the country an excellent place to invest their
money. The reason is the American economic system itself.
Equality, justices and a respect for rights are provided by the
economic system.BUT OFTEN THEY ARE MIS-REPRESENTED AND MIS-USED BY
PEOPLE FROM BOTH SIDES OF THE EQUATION.
Q3(a) Do you agree with the claims that (i) future generations
have no rights, and (ii) the future generations to which we have
obligations actually include only the generation that will
immediately succeed us? Explain your answer. If you do not agree
with these claims, state your own views and provide arguments to
support them
Answer- Future persons not have right claimsBecause
The Re-Population Paradox.(8)
The first objection must be treated briefly, though not because
it can be easily and quickly disposed of.-argues that any effective
attempts to "improve" the living conditions of the remote future
will so alter "genetic shuffle" of future meetings, matings, and
births, that such policies will, in fact, "repopulate" that future
with different individuals. Accordingly, since none of the
individuals in "Future A" will exist in ("improved") "Future B," no
individual will be benefited ("made better off") as a result of
this policy. It follows that since any attempts to "improve the
future" will, strictly speaking, "benefit" no one, there are no
obligations to future generations.(9)
And if there are no duties to the future, it follows that future
generations have no rights
The Time-Span Argument against the rights-claims of posterity
objects that duties and rights cannot meaningfully be said to hold
over long periods of time and between persons with non-concurrent
lives, who are thus denied reciprocal communication and
interaction. But with this argument, time itself is the foremost
reason for this moral disconnection.
Do long durations of time erode moral responsibilities? For the
moment, consider, causal and epistemic connections through time,
rather than moral connections. According to informed scientific
opinion, some technological innovations and social policies enacted
during the last few decades, and others now being contemplated, may
result in both short-term advantages for some of our
contemporaries, and devastating long-range effects for our
successors. Such long-term effects, which are tied to their remote
causes by quiet, continuing, and accumulating processes, are
called, by ecologists, "time-lag effects." Consider some possible
cases: First, the manufacture of thousands of nuclear weapons, and
the decision to invest heavily in nuclear fission energy, has
resulted in the production of highly toxic, long-lasting,
radioactive by-products. Some of these substances (i.e., the
actinides) must then be isolated from the biosphere for hundreds of
thousands of years.(12)
If, in the intervening time, a geological event should cause the
release of these materials into the biosphere, the results could be
catastrophic. The "time-lag" between the disposal of these
substances and their possible reappearance is unknown and
unknowable.
The "No-Claims" Argument. Another common objection to the claim
that future generations have rights, is that posterity, being
"merely potential," is incapable of claiming these alleged rights.
And without claims, it is argued, there can be no rights.
The Non-Actuality Argument. Among the most common objections
against the rights of future generations is the contention that
since posterity does not exist now, it makes no sense to speak of
posterity having rights now.The ascription of rights is properly to
be made to actual persons -- not possible persons. Since future
generations can only be viewed as consisting of possible persons,
from any vantage point at which the description "future
generations" is applicable, it would follow . . . that rights
cannot properly be ascribed to future generations."(18)The
"non-actuality argument" might be subdivided into two
interpretations: (a) the charge that posterity is "merely
imaginary," and (b) the contention that posterity's rights apply
only in posterity's own time. We will examine these points in
order.
(a) There are no duties owed to imaginary persons.
(b) "Future generations . . . should correctly be said to have a
right only to what is available when they come into existence, and
hence when their possible future rights become actual and
present."
The final objection to the notion of the rights of posterity
might be called "the indeterminacy argument."While it is
appropriate to ascribe rights to a class of persons, in general,
such ascription is inappropriate when the class in question has no
identifiable members. Now the class describable as "future
generations" does not have any identifiable members -- no existing
person or persons on whose behalf the specific right can be claimed
to exist.
(b) Discuss the arguments for and against the 3 main theories of
a producers duties to the customer. In your judgement, which theory
is most adequate? Are there any marketing areas where one theory is
more appropriate than the others?
Answer- Producers' Duties: Producers are obliged to place only
safe products on the market. Within the limits of their respective
activities, producers shall:
1.provide consumers with information to enable them to assess
the risks inherent in a product throughout the normal or reasonably
foreseeable period of its use, where such risks are not immediately
obvious without adequate warnings, and to take precautions against
those risks. Provision of such warnings does not, however, exempt
any person from compliance with the other requirements in this
Directive; and2.adopt measures commensurate with the
characteristics of the products that they supply, to enable
consumers to be informed of risks that these products might present
and to take appropriate action, including, if necessary,
withdrawing the product in question from the market.3.The measures
include, for example, whenever appropriate:
*marking of the products or product batches in such a way that
they can be identified;*sample testing of marketed products;
and
*investigating complaints made and keeping distributors informed
of such monitoring.
Pros
-these producer's duties helps the consumer
1. the right to safety;
2. the right to be informed;
3. the right to choose; and
4. the right to be heard
CONS-the implementation of the regulations is always
questionable.-the monitoring is always shaky.
In your judgment which theory is most adequate?
3.The measures include, for example, whenever appropriate:
*marking of the products or product batches in such a way that
they can be identified;
*sample testing of marketed products; and
*investigating complaints made and keeping distributors informed
of such monitoring.
The producers can be partner in protecting the consumer rightsby
adopting the following responsibility :- Quality of Material;-
Safety and precision of material;- After sales service;- Training
if needed;- Warranty and Gauranty to be properly implemented;-
Insurance against non working or accident;- Businesses and
Producers have responsibilities
RIGHT to expect laws and regulations to be essential and
efficient-RESPONSIBILITY to provide safe products and services,
information choice and a fair hearing-RESPONSIBILITY to practice
and promote ethical marketplace behavior
Are there any marketing areas where one theory is more
appropriate than other?3.The measures include, for example,
whenever appropriate:*marking of the products or product batches in
such a way that they can be identified;*sample testing of marketed
products; and*investigating complaints made and keeping
distributors informed of such monitoring.THIS THEORY CAN BE USED
WITH THE MARKETING APPLICATIONS,LIKE-new product
development.-customer service.
Q4(a) In your judgement was the historical shift in emphasis
from intentional/ isolated discrimination to non-intentional/
institutionalized discrimination good or bad? Justify your
statement
Answer- Action programs are means to bring about equal justice
in several ways:(i) Prejudices which are not intentional but
nonetheless widely shared and subtly institutionalized still
operate to produce discriminatory results. Affirmative Action can
counteract this situation.(ii) The lack of equal material
opportunity as children--which has gotten worse, not better since
the first edition of Velasquez's text in the early 1980's--results
in unequal education and lack of equal opportunity as adults.
Affirmative Action programs can counteract this.(iii) The lack of
suitable role models (as a result of past discrimination) also
undermines the possibility of adult success in oppressed groups.
Affirmative Action can counteract this.Objection 1. Affirmative
Action programs discriminate against white males. (To choose a
woman or minority male when the white male applicant is equally or
slightly more qualified is discrimination.)Response to Objection 1.
It is not wrongful discrimination because it is not motivated by
the assumption that the white male is inferior but by the
assumption that otherwise the white male has an unfair
advantage.Objection 2. Affirmative Action programs violate the
fundamental principle of justice itself. Equals in the relevant
respects should be treated equally.Response to Objection 2. In a
society with a history of discrimination and a continuing legacy of
discrimination black or female employes can contribute to society
in a way that white males cannot. Just as some people are chosen
for some jobs (TV news anchor, say) because of their good looks
(largely an inherited quality beyond one's control), so other
people may be chosen for jobs because they can be much needed a
role model for black or female youth. This would cause real ethical
problems only if race or gender were to be the sole or primary
qualifi-cation, or if the results of past discrimination had been
finally overcome.Other arguments for Affirmative Action are less
effective.1. Compensatory Justice. People have an obligation to
compensate those whom they have injured. (Some, but not all, and
perhaps not the oldest traditions, say intentionally injured.) The
dominant groups in society have injured minorities and women;
therefore they have a duty to compensate these groups.Objection to
1. Compensatory justice applies to individuals not to groups. The
people being "compensated" by Affirmative Action are usually not
the individuals most injured by past discrimination. Discrimination
as a past practice was unfair, but present members of the same
group have no right to compensation because of what was done to
people now dead. Also, Affirmative Action helps mainly those
members of the minority or female group who already fairly well off
(most of the time a minority or female applicant has to be more or
less tied with other applicants before Affirmative Action gives the
individuals an edge), and these are just the individuals whom
discrimination has injured the least.2. Utilitarian Argument for
Affirmative Action as a Means to Achieve Greater Public Welfare. In
this case, the end (reducing poverty, a sense of helplessness and
lack of self-esteem, social division, etc.) justifies the means
(giving female and minority applicants a slight edge when they are
competing with members of other groups for similar jobs).Criticism
of 2. Should we give up Affirmative Action programs if the total
social happiness produced by them is outweighed by the social
unhappiness produced by them? Utilitarian reasoning would seem to
justify that decision. That would imply that if members of the
dominant group felt injured sufficiently by Affirmative Action
programs, then such programs would have to be curtailed.
Affirmative Action defenders would respond that this allows the
privileged group to demand that their possible loss of an unjust
advantage be treated as more important than the injured group's
reacquisition of equality.(b) Kohlbergs views on moral development
show that the more morally mature a person becomes, the more likely
it is that the person will obey the moral norms of his or her
society. DiscussAnswer- Kohlberg's theory argues that just as a
child grows up and develops physically, people as moral beings also
grow up and develop. He argues that humans who fully grow up
morally progress upward in three levels, and each level has two
stages. However, it seems that this statement is true until a
person progresses to the 5th and 6th level. People who operate out
of the third level of Kohlberg's moral standards may not be
perceived by society as being as morally obedient as those who only
progress to the fourth stage on the second level. In the first
level, which he calls the "preconventional stages" young humans are
motivated to do what's right because either they want certain
rewards or want to avoid certain punishments (Punishment and
Obedience Orientation). Children do what's right, not because they
understand it will hurt others if they don't, but just because they
don't want to be punished. The second stage in this first level is
called the "instrumental and relative orientation" stage (38). In
this stage, the child is practical in a way. The child might think,
"I won't do X to my brother, because I don't want my brother to do
X to me." Kohlberg argues that there are some grownups that get
stuck on level one (in either stages one or two) because they never
progress beyond their fear of punishment or loss of reward, while
there are other adults who behave a certain way to avoid someone
doing something the same to them. If a person gets stuck in either
stage of level one, his/her moral reasoning will always function on
this level motivated out of fear
Level two is called by Kohlberg the "conventional stages". In
the first level of this development of ethics a young adolescence
does what's right because they are being loyal to their family,
friends or ethnic group or they do what's right because they have a
duty or allegiance to the law. I have seen that most middle class
Americans get stuck right here. These are the good citizens of the
society. In the first stage, the "interpersonal concordance
orientation," a person does what they believe is right so that they
will be loyal to and approved of by the people who they value. This
is a good stage for an adolescent if they are in good company.
However, we can see this in a negative or deviant way too: kids who
are loyal to their gang members, suicide packs or pregnancy packs
that teens take with other teens to do terrible things together,
mafia families in which teens choose to cooperate with their
family's illegal acts over what they know is right. However, if
teens have a good family background this can be a blessing that
they do what's right because they want to be well thought of and
accepted by their families and the society. In the second level a
loyalty to the society, nation and law develops. There is a sense
of group and community that if they don't honor, they will not fit
well or be a responsible member of the group. Overall, I guess that
most government officials are very pleased if people get here and
remain here. They would not call it "stuck" if a person's conduct
and motivation stayed right here.
Kohlberg then describes a final level with two stages of
maturity. This of course should happento everyone .After reading
this,I had to even reflect on myself to see if I have progressed
beyond level two/stage four as a Christian male and as a Cuban
American Having come from Cuba, I know so many people who come to
this country and because there was a mindset of poverty
and government blame, many people I know, even my family
members, may be stuck on level one in stage one or stage two. I
thought because I value obeying the laws and I don't want to shame
my family name, My Savior, or the country that took me in and gave
me the chance to be productive and an entrepreneur, I thought this
was a high level of development. But now I see stages five, "social
contract orientation" and stage six "universal moral principles
orientation" and I realize that these are both in the Bible. And
furthermore, if you live them, you actually may be considered
dangerous to the existing power structure as Jesus and the Apostle
Paul were considered dangerous to the Jewish leaders of that
time.
In stage five, a person realizes that reasonable people disagree
over what is right and try to reach "a consensus" to achieve change
or action. I think that when the Greeks came up with the first
democratic system involving the city state - one man, one vote,
this was a reflection of this kind of ethical system that
recognizes that conflicting moral views are best settled by a vote
that allowed majority ruling. Of course the American system is much
more complex than this now with the Electoral College and the
weight each state has in an election, but the basis of the Greek's
ancient system is still in place. But the best example I saw of
this in the Bible was in John chapter 8. In this chapter Jesus
responds out of this level of ethics. The Pharisees brought Jesus a
woman who was caught in adultery. They brought her, and not the
man, to see if Jesus would uphold their law and stone her to death.
They created this dilemma to accuse him of not being loyal to their
group or not obeying the known law of that day (stages three and
stages four of Kohlberg's model). However, Jesus, being more
developed ethically because He always operated out of
eternal/universal principles of virtue, brought them to a point of
consensus that made each of them agree to walk away from the
situation. He told them, whoever of you is without sin, you cast
the first stone at her (John 8:7). From the oldest to the youngest,
they all walked away. This was a kind of consensus. He even got the
woman to walk away by showing her that her level of moral standards
failed her - "Woman, where are your accusers? Does no man accuse
you?" (John 8:10) She probably was motivated only by stage one,
level one: she did not want to be caught and punished. In that day,
violating marriage laws meant death by stoning.In stage six, "
universal moral principles of orientation" a person who has
developed to this level behaves out of a moral certainty because he
is sure that the principles he follows are reasonable, universal
and consistent (Velasquez, 39). Usually on this level, the person
acts wholly out of these beliefs and is able to analyze and reason
out of this level of moral development. Most people guess that only
moral superstars of the human race are able to attain this.
However, I guess along with people who have died for their
principles, there are many unknown heroes who act in a daily way
out of their convictions and ability to act in universal, rationale
ways in spite of what it may cost them. If we are looking, we have
seen this over and over again during crisis situations all
throughout history. An example of this, for Christians, is shown
when Jesus is dying on the cross. He asks His Father to forgive
those who were crucifying Him: Forgive them Father, for they know
not what they do (Luke 23:34). He chose this because He chose to
treat "people as a (eternal) end in themselves"(Velasquez, 39). He
saw from His Father's perspective that this was "reasonable,
universal and consistent" with what He was sent here to do.
Q5(a) In view of the contractual agreement that every employee
makes to be loyal to the employer, do you think whistleblowing is
ever morally justified? Explain.
Answer-''In view of contractual agreement that every employee
makes to be loyal to the Employer''THIS IS NOT TRUE. THE CONTRACT
IS NOT FOR LOYALTY The employment relationship is a legal notion
widely used in countries around the world to refer to the
relationship between a person called an "employee" (frequently
referred to as "a worker") and an "employer", for whom the employee
performs work under certain conditions in return for remuneration.
It is through the employment relationship, however defined, that
reciprocal rights and obligations are created between the employee
and the employer. The employment relationship has been, and
continues to be, the main vehicle through which workers gain access
to the rights and benefits associated with employment in the areas
of labour law and social security. It is the key point of reference
for determining the nature and extent of employers' rights and
obligations towards their workers. Is there an employment
relationship?
There are a number of key elements to establishing if an
employment relationship exists between two parties.A contract of
employment exists where an offer of employment at a given rate of
pay has been accepted. The terms of a contract may be verbal,
written, implied, or a combination of all three. Some types of
contracts, for example for an apprentice, are required by law to be
in writing.
A contract of employment will come into existence as soon as
employees start work and by doing so, demonstrate that they accept
the job on the terms offered by the employer.
An employment relationship, established by a contract of
employment, places certain rights and obligations on employers and
employees. Some of these obligations will have been expressly
stated in the contract itself, either verbally or in writing, and
others are legal obligations that come from legislation, awards or
agreements or from common-law employment principles. For example,
employers must comply with State and federal laws in relation to
pay rates, working conditions, taxation, workers compensation,
occupational safety and health, equal opportunity and
superannuation, in addition to any agreed conditions in the
contract.If there is no employment relationship established, most
of these laws will not apply. This would be the case with a
volunteer, a trial worker or a subcontractor. However, as each
piece of legislation provides a different definition of employees
or workers, it is important that employers check which obligations
they have in each particular circumstance.
Employment law also regulates the nature of pay and conditions
within a contract of employment. Any condition agreed to is invalid
if it conflicts with a legal requirement. A worker is more likely
an employee and not an independent contractor if the worker:1. Is
required to comply with the employers instructions about the
work.2. Receives training from the employer.3. Provides services
that are integrated into the business.4. Provides services that
must be rendered personally.5. Hires, supervises and pays
assistants for the employer.6. Has a continuing relationship with
the employer.7. Follows set hours of work.8. Works full-time for
the employer9. Works on the employers premises.10. Does the work in
a sequence set by the employer.11. Submits regular reports to the
employer.12. Receives payments of regular amounts at set
intervals.13. Receives payments for business or traveling
expenses.14. Relies on the employer to furnish tools and
materials.15. Lacks a major investment in facilities used to
perform the service.16. Cannot make a profit or suffer a loss from
the services.17. Works for one employer at a time.18. Does not
offer services to the general public.19. Can be fired20. Can quit
at any time without liability.Duties and Obligations of
Employees
* To work
Employees must be ready, willing and able to perform their job
as specified in their employment agreements.
*To obey instructions
Employees must obey instructions so long as the instructions are
lawful, are not dangerous, and are within the scope of their
employment agreement.
*To take care
Under the Health and Safety in Employment Act employees are also
required to ensure a safe working environment. They must also take
care not to damage the employers property and equipment.
*To show fidelity
There are many ways in which courts have held that employees
have breached this duty.
Employees can not :
work for their employer's competitors in their own time.
use information gained at work for personal gain or disclose the
employer's confidential information unless it is anact of
whistleblowing.
fail to report misconduct by other employees
do anything in their free time to damage the reputation of their
employer. Many employees have been fired for committing crimes that
were unrelated to their job.
try to take away an employer's customers for when they go into
business for themselves. COMPENSATION PACKAGE FROM THE EMPLOYEES'
PERSPECTIVE Compensation is typically among the first things
potential employees consider when looking for employment. After
all, for employees, compensation is the equivalent not to how they
are paid but, ultimately, to how they are valued. What is a
compensation package?
It's easy to think "dollars per hour" when thinking about
compensation. Successful compensation packages,however, are more
like a total rewards system, containing non-monetary, direct and
indirect elementsNon-Monetary Compensation can include any benefit
an employee receives from an employer or job that does not involve
tangible value. This includes career and social rewards such as job
security, flexible hours and opportunity for growth, praise and
recognition, task enjoyment and friendships.Direct compensation is
an employee's base wage. It can be an annual salary, hourly wage or
any performancebased pay that an employee receives, such as
profit-sharing bonuses. Indirect Compensation is far more varied,
including everything from legally required public protection
programs such as Social Security to health insurance, retirement
programs, paid leave, child care or housing.Employers have a wide
variety of compensation elements from which to choose. By combining
many of these compensation alternatives, progressive mangers can
create compensation packages that are as individual as the
employees who receive them. The general consensus of recent studies
is that pay should be tied to performance to be effective. However,
with traditional BUSINESS operations, that is not easily done.
Business performance can be affected by many factors over which
employees have no influence, specificallyEXTERNAL ENVIRONMENT .
Successful managers must search for things employees influence and
base performance objectives on these areas. Your operation may
benefit from the following: tenure bonuses for long-time employees,
equipment repair incentives to encourage good equipment
maintenance, or bonuses for arriving to work on time.
The more production information data your business has, the
easier this is to accomplish. Direct Compensation Alternatives
Basic Pay: Cash wage paid to the employee. Because paying a wage is
a standard practice, the competitive advantage can only come by
paying a higher amount.
Incentive Pay: A bonus paid when specified performance
objectives are met. May inspire employees to set and achieve a
higher performance level and is an excellent motivator to
accomplish BUSINESS goals
Stock Options: A right to buy a piece of the business which may
be given to an employee to reward excellent service. An employee
who owns a share of the business, is far more likely to go the
extra mile for the operation. Bonuses: A gift given occasionally to
reward exceptional performance or for special occasions. Bonuses
can show an employer appreciates his/her employees and ensures that
good performance or special events are rewarded.(b) In your
judgment, is it wrong, from an ethical point of view, for the auto
companies to submit plans for an automobile to China? Explain your
answer.
Answer-
Q6(a) Utilitarianism is the view that so long as an action
provides with more measurable economic benefits than costs, the
action is morally right. Identify all of the mistakes contained in
this definition of utilitarianism
Answer-
(b) Any pollution law is unjust because it necessarily violates
peoples right to liberty and right to property. Discuss.
Answer- Pollution is the contamination of air, water, or earth
by harmful substances. Concern for pollution developed alongside
concerns for the environment in general. The advent of automobiles,
increased chemical wastes, nuclear wastes, and accumulation of
garbage in landfills created a need for legislation specifically
aimed at decreasing pollution.
POLLUTION WERE DAMAGING THE HEALTH OF THE PEOPLE
AND THE HEALTH OF THE COUNTRY. HENCE THE POLLUTION LAWS
ARE NECESSARY EVILS, WHICH WILL HELP/ MANAGE THOSE
WHO ARE RESPONSIBLE FOR THE POLLUTION.
Among the landmark acts designed to preserve our environment is
the Resource Conservation and Recovery Act
-a comprehensive regulatory statute aimed at controlling solid
waste disposal.
-The Nuclear Waste Policy Act of 1982 aims to safely dispose of
nuclear wastes.
-The Clear Air Act was first enacted in 1970, it was later
amended in 1977 and again in 1990; with its present formembodied
in. Like this examples demonstrate, most environmental regulations
are federal in nature. Among the types of pollution, the one that
has existed longer than any other is water pollution. Its
consequences are readily seen when pollutants reach groundwater
reservoirs, creating serious health hazards to people drinking the
water. The current version of the Federal Clean Water Act is
another tool.
environmental law: an overview
THE NATIONAL ENVIRONMENTAL POLICY ACT [NEPA]
THE ENVIRONMENTAL QUALITY IMPROVEMENT ACT
THE NATIONAL ENVIRONMENTAL EDUCATION ACT
THE ENVIRONMENTAL PROTECTION AGENCY [EPA]
were passed in 1970.
The main objective of these federal enactments was to assure
that the environment be protected against both public and private
actions that failed to take account of costs or harms inflicted on
the eco-system.The EPA is supposed to monitor and analyze the
environment, conduct research, and work closely with state and
local governments to devise pollution control policies. NEPA has
been described as one of Congress's most far reaching environmental
legislation ever passed. The basic purpose of NEPA is to force
governmental agencies to consider the effects of their decisions on
the environment.State laws also reflect the same concerns and
common law actions allow adversely affected property owners to seek
a judicial remedy for environmental harms.
THESE LAWS DO NOT violate people right to liberty and right to
property.
ON THE CONTRARY, THESE LAWS SAVES THE LIVES OF MANYAND ALSO THE
FUTURE GENERATION.
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