Positive law as an ethic: Illustrations of the ascent of positive law to ethical status in the commercial sector [Book Review]
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Business Ethics 25 (2):115 - 127 (2000)
This article begins with four situations, the first three of which are common to many businesspeople and persons in the United States today and the fourth, unfortunately, is growing: Setting the minimum level at which workers are paid; going bankrupt to avoid paying for credit card purchases, claiming a questionable deduction in calculating one's federal income tax liability, and violating the law in every state by a major U.S. corporation.These cases support the idea that positive law is the operative ethic for persons in a commercial setting. Reasons advanced for this phenomenon are ethical ambiguity, lack of personal responsibility, increasing technicality of contemporary society, and the fact that the law is now seen as the most that is expected of businesspersons. In arriving at the paper's conclusions, positive law theory is discussed. Data are presented to explain why these illustrations are not mere anecdotal examples but represent broad contemporary occurrences in the U.S.
|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
Michelle Bednarz Beauchamp, Sandra S. Benson & Lara Womack Daniel (2013). Why the Doctor Will NOT See You Now: The Ethics of Enforcing Covenants Not to Compete in Physician Employment Contracts. Journal of Business Ethics 119 (3):1-18.
Similar books and articles
Jürgen V. Kempski (1990). Notizen Zu A. F. J. Thibauts PandektenwissenschaftSome Notices to Thibaut's Science of Pandects. Journal for General Philosophy of Science 21 (2):259-273.
Jürgen V. Kempski (1990). Notizen Zu A. F. J. Thibauts Pandektenwissenschaft. Journal for General Philosophy of Science 21 (2):259 - 273.
Georg Wilhelm Friedrich Hegel (1975). Natural Law: The Scientific Ways of Treating Natural Law, its Place in Moral Philosophy, and its Relation to the Positive Sciences of Law. University of Pennsylvania Press.
Fabien Gelinas, Codes, Silence and Harmony: General Principles and Commercial Usages in Transnational Contract Law.
John Linarelli (2009). Analytical Jurisprudence and the Concept of Commercial Law. Penn State Law Review 114 (1):119-215.
Hans Kelsen (1967/2005). Pure Theory of Law. Lawbook Exchange.
Leon Petrażycki (2010). Law and Morality. Translation Publishers.
Neil MacCormick (2007). Institutions of Law: An Essay in Legal Theory. Oxford University Press.
David-Hillel Ruben (1972). Positive and Natural Law Revisited. Modern Schoolman 49 (May):295-317.
Added to index2009-01-28
Total downloads4 ( #259,127 of 1,102,974 )
Recent downloads (6 months)2 ( #183,254 of 1,102,974 )
How can I increase my downloads?