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. (shrink)

In Barnett and Block (J Bus Ethics 88(4):711–716, 2009a), the present authors claim that borrowing short and lending long is fraudulent, and thus ought to be prohibited on legal grounds. Bagus and Howden (J Bus Ethics 90(3):399, 2009) take issue with our ethical analysis. The present paper is our response to these authors; it is an attempt to defend Barnett and Block (J Bus Ethics 88(4):711–716, 2009a) against the very interesting and important, although we believe, erroneous, criticisms of Bagus and (...) Howden (J Bus Ethics 90(3):399, 2009). (shrink)

Global soft law, multistakeholder norms, the business practices and policies of leading companies, the expectations of...

The article discusses how the meaning of the principle of “non-resistance to evil by violence” was changing in L.N. Tolstoy's religious and philosophical teachings and how this principle was evaluated in Russian religious philosophy of the late XIX - early XX century. In the first version of Tolstoy’s teachings, set forth in the book “What is my faith?”, the principle of non-resistance was understood in a moral sense, as the norm for all people; its execution should lead to the perfection (...) of earthly life. This idea of L. Tolstoy was sharply criticised by his contemporaries, who noted that there was no truly religious content in Tolstoy’s teachings, it was turning into a utilitarian doctrine of the earthly progress of mankind. Given this criticism, Tolstoy in his later works changed his understanding of the principle of non-resistance. Drawing a distinction between two levels of human life - “animal” and divine, Tolstoy recognised the principle of non-resistance to the law as the divine life of a man. As a result, the principle of non-resistance has acquired a religious rather than moral meaning, since the transition of a man to a divine life means a mystical transformation of his being. He is aware of his super-spatial and super-temporary unity with all people and with all being, and therefore can evaluate the consequences of his actions not only in the limited sphere of his life, but also in all infinite being. In this regard, a person realizes the absolute superiority of good deeds over evil, even if the latter are committed to confront evil. It is shown that some critics of Tolstoy came to a similar understanding of the religious meaning of the principle of non-resistance at the end of their lives. (shrink)

Although managers must stay abreast of all socictal concerns in developing organizational objectives, protecting the environment seems to be a major issue for consumers in the 1990s. This increased environmental concern leaves managers no choice but to go beyond mere social obligation when it comes to protecting the environment. Society is demanding social responsiveness at a minimum, and the call for social responsibility seems to be getting louder and clearer. This paper reviews the response business has made to this call (...) for responsibility for the environment. Specifically, this paper will address the impact of increased business awareness on: (1) the passage of laws and legislation to protect the environment (social obligation); (2) specific organization actions to meet consumer demands (social responsiveness); (3) specific organization endeavors which reflect a sincere attempt to address the environmental issue (social responsibility). An awareness of these activities should aid managers in developing future plans which will allow them to become more responsible for our environment. (shrink)

The spring, summer, and fall 2006 editions of Critical Inquiry hosted a heated exchange between Ernesto Laclau and Slavoj Žižek regarding the proper definition of the Lacanian Real. Žižek claims "the Real is the inexorable abstract spectral logic of capital that determines what goes on in social reality". In response, Laclau states that Žižek's "spectral logic of capital" is a gross distortion of Lacanian theory: "The Real is not a specifiable object endowed with laws of movement on its own but, (...) on the contrary, something that only exists and shows itself through its disruptive effects within the Symbolic". Laclau's formulation of the Real, however, forecloses the possibility of... (shrink)

The laws of social development are objective in content and, in contrast to the laws of nature, are manifested and function only through the activity of human beings. The development of all spheres of human activity, in turn, cannot be conceived of as independent of the will, consciousness, moods and beliefs, propensities and preferences of human beings, nor as independent of the effectiveness of forms of social organization, etc. The social specificity of laws of social development in turn defines another (...) feature of these laws, namely, their statistical nature. History and social practice persuasively demonstrate that the laws of social development in turn defines another feature of these laws, namely, their statistical nature. History and social practice persuasively demonstrate that the laws of social development, functioning either in all socioeconomic formations or in only some of them , or laws operating within only one of these formations are of a statistical nature. Even when the conditions of life of societies within a particular socioeconomic formation are the same, the results of the operation of any law of social development are never absolutely identical. This is graphically evident in an analysis of the operation of the law of surplus value, the laws of class struggle, or the law of social revolution, especially its operation under the conditions of the contemporary world revolutionary process. We need only point out the variety of nuances in the ultimate results of the operation of the law of social revolution after the Second World War, when socialist countries and countries with a socialist orientation emerged. (shrink)

Introduction EMPIRICISM DOES NOT stand in very high repute among literary theorists these days. Regarded generally as a discredited philosophical paradigm ...

Samuel H. Pillsbury, Judging Evil: Rethinking the Law of Murder and Manslaughter New York: New York University Press, 1998, vii + 264pp.

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously. Here I tell a cautionary tale about flying saucers and take a brief look at the virtues of ‘open-mindedness’.