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? [Book Review]
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Business Ethics 49 (2):107-113 (2004)
A considerable literature exists regarding 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||Philosophy Ethics Business Education Economic Growth Management|
|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
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.
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.
Daniel T. Ostas (2007). The Law and Ethics of K Street. Business Ethics Quarterly 17 (1):33-63.
R. G. Frey & Christopher W. Morris (eds.) (1991). Liability and Responsibility: Essays in Law and Morals. Cambridge University Press.
Edward R. Grant (1992). Medical Futility: Legal and Ethical Aspects. Journal of Law, Medicine & Ethics 20 (4):330-335.
Theodore M. Benditt (1982). Liability for Failing to Rescue. Law and Philosophy 1 (3):391 - 418.
Obeua S. Persons (2006). The Effects of Fraud and Lawsuit Revelation on U.S. Executive Turnover and Compensation. Journal of Business Ethics 64 (4):405 - 419.
Sean Valentine & Gary Fleischman (2003). Ethical Reasoning in an Equitable Relief Innocent Spouse Context. Journal of Business Ethics 45 (4):325 - 339.
Toby Handfield & Trevor Pisciotta (2005). Is the Risk–Liability Theory Compatible with Negligence Law? Legal Theory 11 (4):387-404.
Christian Lahnstein (2011). Tort Law and the Ethical Responsibilities of Liability Insurers: Comments From a Reinsurer's Perspective. Journal of Business Ethics 103 (S1):87-94.
Alex Broadbent (2009). Fact and Law in the Causal Inquiry. Legal Theory 15 (3):173-191.
Jonathan Schaffer (2010). Contrastive Causation in the Law. Legal Theory 16 (4):259-297.
Jeff McMahan (2005). The Basis of Moral Liability to Defensive Killing. Philosophical Issues 15 (1):386–405.
G. J. Rossouw (2000). Defining and Understanding Fraud. Business Ethics Quarterly 10 (4):885-895.
Sorry, there are not enough data points to plot this chart.
Added to index2010-08-24
Total downloads1 ( #750,866 of 1,790,408 )
Recent downloads (6 months)1 ( #433,815 of 1,790,408 )
How can I increase my downloads?