- 01/03/2013
- Posted by: essay
- Category: Free essays
The question of corruption is among the most significant questions of business ethics. In 1970s there were some investigations conducted by the U.S. Securities and Exchange Commission. It was found out that about $300 million are illegally paid to foreign political parties and high officials. The bribery was to be restricted, so the Foreign Corrupt Practices Act was signed into law in 1977. Further it was amended by the International Anti-Bribery Act of 1998. The anti-corruption stipulations of the FCPA make it illegal for a U.S. citizen, and some foreign bodies issuing stocks, to pay to a foreign official with some profit intention. Some payments or compensations referring to product promotion are sometimes legal under the FCPA. The corporations with their securities listed in the US are to correspond to the accounting provisions of the FCPA (David, 2009).
Environmental law is a set and intermingling body of conventions, regulations, treaties, statutes, and common law which are intended to regulate correlations between humans and their natural and biophysical environment. It is intended to decrease the negative influence of human activity on the world around. Laws concerning land use, infrastructure and development also refer here. The law includes ecology, stewardship, conservation, responsibility and sustainability. The public environment laws include the responsibilities of companies, corporations, establishments and institutions when their activities can treat the environment (pollute water, air or soil and so on) regulated by the government. Private environmental laws are those restricting individual activities.
Among other rights, there are rights for equal protection under the law in business. They include protection from monopoly, defense of healthy competition, from abusive intrusion of federal government a right for entrepreneurship for everyone of the full legal age and having no criminal restrictions, a right for equal employment, for business, that is to say for equal opportunities independently on origin, race, religion, sex and other criteria. (Siegel, 2004). Within this subject it is possible to overview equal rights for fundraising.
The term due process stands for the law that the government is obliged to respect every legal right of the citizens provided by legislation. In this way a citizen is protected form the state. SDP, or the Substantive due process is a part of the Due Process that includes protection of substantive unenumerated rights. The term is used both for identifying definite set of cases and certain relation to judicial review. The approach ahs been developed on the base of natural law and natural rights. By many judiciaries, natural justice was to regulate property and rights of individuals. The opponents however argued that the Constitution was the highest law of the State, and the written document had more force than some vested rights. The present criticism also includes accusations that the judges find the views which are not really foreseen by the Constitution, and that they are “addressing substance instead of process” (White, 2000).
The question of business ethic is rather controversial and there is much discussion around it, it is yet a contested terrain. It is often said that business is amoral and nothing can be changed, and business can have no social responsibilities. But still the ethics is needed as the social and natural environment business appears and exists in demands it. In big corporations much is based on trust only, “whatever the business does affects its stakeholders” and “every juncture of action has trajectories of ethical as well as unethical paths wherein the existence of the business is justified by ethical alternatives it responsibly chooses” (Bevan, 2008).
So, here are the principles global business should be founded on.
References
1. Bevan, D. (2008). Continental philosophy: a grounded theory approach and the emergence of convenient and inconvenient ethics. Cutting Edge Issues in Business Ethics. Boston: Springer.
2. David C. W. (2009). The Foreign Corrupt Practices Act, SEC Disgorgement of Profits, and the Evolving International Bribery Regime: Weighing Proportionality, Retribution, and Deterrence, Michigan Journal of International Law, 471 (3), 30.
3. Hawkins, B. (2006). The Glucksberg Renaissance: Substantive Due Process since Lawrence v. Texas. Michigan Law Review, 105: 409, 412.
4. Siegel, R. B. (2004). Equality Talk: Antisubordination and Anticlassification Values in Constitutional Struggles over Brown. Harvard Law Review, 117 (5): 1470.
5. White, G. E. (2000). The Constitution and the New Deal. Cambridge, MA: Harvard University Press
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