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?
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Business Ethics 49 (2):107 - 113 (2004)
A considerable literature exists regard-ing the moral obligation to keep one's promises. Several authors have focused on the exceptional circumstances which may or should excuse this moral duty. Less frequently discussed is the question of how this general moral obligation and its possible exceptions play out in the context of negotiable written promises to pay money, i.e., so-called "commercial paper."This paper focuses on the application of the legal rules governing commercial paper, and on the ethical implications involved in the application of those rules. More specifically, it asks whether the assertion of the technical doctrine known as "holder in due course," and the denial of that status in some cases, promotes ethical behavior in the marketplace. By examining the circumstances of one case, involving a substantial investment and a large bank, I hope to shed some light on how the legal and ethical rules do in fact "intersect.".
|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
Lorie Graham, Aristotle's Ethics and the Virtuous Lawyer: A Study on Legal Ethics and Clinical Legal Education.
Jeffrey Brand-Ballard (2010). Limits of Legality: The Ethics of Lawless Judging. Oxford University Press.
Assya Pascalev & Takis Vidalis (2010). 'Vague Oviedo': Autonomy, Culture and the Case of Previously Competent Patients. Bioethics 24 (3):145-152.
John Linarelli (2009). Analytical Jurisprudence and the Concept of Commercial Law. Penn State Law Review 114 (1):119-215.
John R. Danley (2005). Polishing Up the Pinto. Business Ethics Quarterly 15 (2):205-236.
Sean Valentine & Gary Fleischman (2003). Ethical Reasoning in an Equitable Relief Innocent Spouse Context. Journal of Business Ethics 45 (4):325 - 339.
Alex Broadbent (2009). Fact and Law in the Causal Inquiry. Legal Theory 15 (3):173-191.
Bruce D. Fisher (2000). Positive Law as an Ethic: Illustrations of the Ascent of Positive Law to Ethical Status in the Commercial Sector. [REVIEW] Journal of Business Ethics 25 (2):115 - 127.
I. I. I. Cameron (2000). Ethics and Equity: Enforcing Ethical Standards in Commercial Relationships. Journal of Business Ethics 23 (2):161 - 172.
Added to index2009-01-28
Total downloads4 ( #252,595 of 1,098,984 )
Recent downloads (6 months)3 ( #114,620 of 1,098,984 )
How can I increase my downloads?