David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Business Ethics 23 (2):161 - 172 (2000)
Lawyers and the legal system have been much criticized in recent years. Despite popular perceptions, the legal system contains numerous mechanisms and rules designed to ensure fair results. This paper shows how the legal system tries to implement, in commercial transactions, the ethical principles of truthfulness and fairness. The Anglo-American development of Equity Courts is reviewed briefly. Several examples of the Law's enforcement of ethical principles are presented, in four different legal areas: Contracts, Securities, Goods, and Real Estate. The intent here is to present an overview of the problem, with area-specific illustrations, rather than a comprehenisve examination of the cases in just one area.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Daniel T. Ostas (1992). Ethics of Contract Pricing. Journal of Business Ethics 11 (2):137 - 145.
Stephen R. Goldstein (ed.) (1992). Equity and Contemporary Legal Developments: Papers Presented at the First International Conference on Equity, the Faculty of Law, the Hebrew University of Jerusalem, June 1990. Harry and Michael Sacher Institute for Legislative Research and Comparative Law, the Hebrew University of Jerusalem.
John Bagby & Tracy Mullen (2007). Legal Ontology of Sales Law Application to Ecommerce. Artificial Intelligence and Law 15 (2):155-170.
Pedro Gallo (2004). Integrating Ethical Enquiry and Health Technology Assessment: Limits and Opportunities for Efficiency and Equity. Poiesis and Praxis 2 (s 2-3):103-117.
G. Stoney Alder & Joseph Gilbert (2006). Achieving Ethics and Fairness in Hiring: Going Beyond the Law. [REVIEW] Journal of Business Ethics 68 (4):449 - 464.
Jeremiah Conway & John Houlihan (1982). The Real Estate Code of Ethics: Viable or Vaporous? [REVIEW] Journal of Business Ethics 1 (3):201 - 210.
George D. Cameron (2004). The Intersection of Law and Ethics – at 600 Grant Street, Pittsburgh, PA: Is It Ethical to Assert a Legal Technicality to Avoid Liability for a Debt Created by Fraud? Journal of Business Ethics 49 (2):107 - 113.
Barbara Robin Mescher (2008). The Business of Commercial Legal Advice and the Ethical Implications for Lawyers and Their Clients. Journal of Business Ethics 81 (4):913 - 926.
John Linarelli (2009). Analytical Jurisprudence and the Concept of Commercial Law. Penn State Law Review 114 (1):119-215.
Added to index2009-01-28
Total downloads8 ( #276,630 of 1,726,249 )
Recent downloads (6 months)5 ( #147,227 of 1,726,249 )
How can I increase my downloads?