...Week#7 MSAC 601 Legal and Ethical Duties of Care Due: Monday, April 20th, 2014 CPMR Abstract This paper addresses the duty of care, duty of loyalty, and ethics of care issues that arise in the workplace. It outlines the nature and scope of care that employers are ethically obligated to give their employees. Characteristics of duty, and how it can be implemented are provided, along with how to deal with issues that arise. Duty of care is the principle that directors and officers of a corporation have in making all decisions in their capacities as corporate fiduciaries, who must act in the same manner as a reasonably prudent person in their position would (Cornell, 2015). Duty of care is considered a business judgment rule which is met as long as the fiduciary executed a reasonably informed, rational judgment in good faith, that didn’t occur with a conflict of interest. A court needs to be able to agree with the business judgment or the plaintiff needs to be able to adequately prove that the standard was not met. Even if the plaintiff can show that the standard was not met, as long as the defendant fiduciary can prove that a fair process was used and a fair outcome resulted from the decision then they can still meet their duty of care. Duty of loyalty is the principle that directors and officers of a corporation take in making all decisions in their capacities as corporate fiduciaries and must act without personal economic conflict (Cornell, 2015). This principle...
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...Health Care Name: Professor: Institution: Course: Date: Ethical Issues in Health Care Section 1: Ethical Decision Making Processes The Consequential Framework This method of ethical decision making is necessary particularly when dealing with future effects of the lines of action adopted for a particular situation. The method considers all the individuals who will be affected either directly or indirectly (Robinson & Reeser, 2000). The first step is to consider what results are desirable in the particular ethical complication. Secondly, there is consideration of the ethical conduct that will help in realizing the best of the consequences. An individual using this method of consequences framework has an aim of producing the most good. The Duty Framework The duty framework method of coming up with ethical decisions focuses on the obligations and duties that are usually posed in different situations. The method considers the ethical obligations that individuals have and the things that they should never do. The method defines ethical conduct as fulfilling one’s duties and doing what is right. The main aim of the method is performing the right act. Section 2: The Duty Framework Decision Making Process The duty framework is the more preferable of the two methods discussed above. Firstly, the method presents a solid ground for the formulation of decisions. Mainly, it is due to the fact that most moral duties are standardized and an expected course of action is present...
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...Running Head: Peter Singer’s Beliefs 1 In reading his article “Famine, Affluence, and Morality” Peter Singer gives us a seemingly devastating critiques of our ordinary ways of thinking in regards to famine relief, charity, and morality in general. In the spite of this there are some very few people that have accepted, or at any rate acted on, the conclusions he has reached. In aspect of these facts one could possible say of Singer’s arguments, as Hume said of Berkeley’s arguments for immaterialism, that “ they admit of no answer and produce no conviction.” In which I believe that Singer’s considerations show that people should do what would be considerably more than most people would actually do, people do not establish Singer’s conclusions in their full strength or generality. So Singer’s arguments may admit to partial answers, and possibly once properly qualified may produce some conviction. In the article Singer argues that the people who live in affluent countries must radically change their way of life as well as their conception of morality, so that they will become committed to helping those that are in need. Singer begins by asking us to consider cases of famine, like that in Bengal in 1971, Singer argues that the majority of people have a moral obligation to donate all we can possibly to the famine relief, and seeing that the people were suffering tremendously and either the government nor the individuals was doing anything near what was required to help...
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...ways in which the inevitable, non-unavoidable death and suffering that is taking place there can be stopped. In his article, Famine, Affluence, and Morality, Singer draws the conclusion that if we not only has individuals, but as a government [as a whole] would do our parts, the suffering of these individuals would greatly be reduced. In this summary report, I will try to point out his arguments for immediate help for this nation and give a personal response of this article and his arguments. In his article, Famine, Affluence, and Morality, Singer’s goal is to get us the people of an affluent countries to understand and accept his conclusion that with help from us from anyone, the people of Bengal, India will survive and our moral ethical duties would be satisfied. From the beginning of this article, Singer tries to paint the picture of what is exactly going on in Bengal. He clearly and simply states "people are all dying in East Bengal from lack of food, shelter, and medical care" (Singer, 1972). Singer believes and tries to get us to believe that with help from other individuals and countries the people of Bengal will survive. He points out that in order for the nine million “refugees” to live at the very least a year the estimated amount comes to £464,000,000.00. To the date in which he wrote this article only £65,000,000.00 has been raised in the effort to keep these individuals alive. With this estimate, he brings back his point that if every person and developed...
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...ETHICAL RESPONSIBILITY Corporate Governance and Ethical Responsibility Marshan Brown Leg-Bus 500 Law, Ethics, and Corporate Governance Professor Daniel Smith May 13, 2012 ETHICAL RESPOSIBILITY Determine at least three different internal and external stakeholders that Dr. Do Right might have to deal with on a daily basis at the hospital. Discuss the duty of loyalty owed to each internal and external stakeholder. Dr. Do Right has a duty of loyalty to employees, society, and board of directors. Each duty of loyalty has its’ own significant meaning. Dr. Do Right signed a contractual agreement with Universal Human Health Hospital and took an oath to run the daily operations of the hospital, implement procedures and decisions made by the board of directors, and give updates and reports to the board members and shareholders about the financial status and daily operations of the organization. First of all, Dr. Do Right must communicate procedures, policies, and business goals to his management team. He must educate them on business changes, developmental opportunities, and all other vital information to help them to administer and communicate the organizations’ policies, expectations, and needs to lower level employees. Dr. Do Right must also display leadership qualities that are positive, respectful, and effective...
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...Business organizations need to have the moral duty that extend well beyond serving the interest of its owners or stockholders, and these duties consist of more than simply obeying the law. That way businesses have to stand up to their own actions. It is the belief that a business has moral responsibilities to stakeholders including employees, customers, vendors, the local community and society as a whole. With this concept understood, it remains that business organizations can conform and be successful while practicing ethical behavior. Which what makes the business stand out from others. With saying that let me explain Dell’s ethical procedures. The characteristics that underpin the soul of Dell include trust, integrity, honesty, judgment, respect, courage and responsibility. As these characteristics imply, Dell places great priority on honoring its commitment of excellence to one another as well as its many stakeholders. Dell prides itself in adhering to stringent standards of ethical behavior in every facet of its elaborate business structure. Known throughout the organization as the Soul of Dell, their shared global culture is built on a foundation of personal and professional integrity (Dell, 2008). As Dell employees, we are committed to acting responsibly, honestly and with integrity in all dealings with our suppliers, customers, partners, shareholders, government regulators and competitors. Dell is committed to working with socially responsible entities that comply...
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...if a client expresses they have a plan to kill someone, it is our obligation to break confidentiality and inform the potential victim and or the police of the thoughts of your client. This may be a tough thing for some of us to do because of the ethical responsibilities we have with our clients but now this is a part of our legal responsibilities to protect the welfare of the society by having the duty to protect individuals who are bing threatened with bodily harm by a client naming it “duty to warn and duty to protect” (in the previous ruling it was only known as “duty to warn”. This is also known as a “Tarasoff warning” in place, meaning where a mental health professional is required to warn of a credible danger to a reasonably identifiable victim. Duty to protect includes clients that may be suicidal. Human services code of ethics entitles us as professionals to let the client know before our sessions began that we have a limits to our confidentiality. It also provides ethical standards to which the general public can hold the social work profession accountable due to the fact that the professionals in the case could have possibly prevented the sad incident from happening. Sometimes an issue may arise when social workers’ ethical obligations conflict with agency...
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...ETH/376 Accounting Ethics and Professional Regulations Week One Assignment – AICPA Code of Professional Conduct AICPA Code of Professional Conduct The AICPA Code of Professional Conduct represents the principles that “are based on the values of the profession and the traits of character that enable CPA’s to meet their obligations to the public” (Mintz & Morris, 2011). The AICPA Code of Professional Conduct has six essential principles to guide them in the performance of their profession. The six essential principles are: Responsibilities, the Public Interest, Integrity, Objectivity and Independence, Due Care, and Scope and Nature of Services. All these principles need to be follow by the members of the AICPA. These principles link the professional conduct to moral judgment and recognize the responsibility that CPA’s have to his or her clients as well as the public. AICPA Code of Professional Conduct Principles The AICPA Code of Professional Conduct have six essential principles. The first principle is call “Responsibilities”, which protects the public of irresponsible and immoral behavior. The second principle is “The Public Interest”, which protects the best interest of stakeholders that includes the clients, credit grantors, government, investors, etc. The third principle is “Integrity” because this principle identify the public trust and CPA’s need to be candid and honest while maintaining client confidentiality. The fourth principle is “Objectivity and...
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...April 30, 2012 Current Event Ethical Dilemma On February 26th of this year, in the town of Sanford, Florida, 28 year old George Zimmerman shot and killed 17 year old Trayvon Martin with a 9mm pistol. Mr. Zimmerman claims this was in self-defense. Trayvon was armed with an Arizona Ice Tea beverage and a package of candy Skittles he had just bought from the local convenience store. The Sanford Police Department questioned Mr. Zimmerman and then released him without arrest, using the “Stand Your Ground” law as his defense. In this horrific situation the Police Department had a moral if not legal, responsibility to further detain and even arrest this man, on the ethical principles of Privacy, Respect for Persons, and Beneficence on behalf of the victim. The Right to Privacy for every person means the right to be free from intrusions into ones physical body, space, mind and personal information. This includes the right to be free from bodily restraint in any way or of having to disprove another’s perception of our attire. The Bill of Rights supports the ethical principle, Right to Privacy, specifically with the 14th Amendment, Amendment IV, which covers privacy of the person and possessions with the following: The right of the person to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing...
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...Abstract Utilitarianism vs. Deontology, Should Tiger Woods have his contracts reinstated by the companies that dropped him? I will be discussing both of these theories and the positive and negative side of each. I will also tell you my thoughts and how I would answer this question. The Tiger Woods scandal brings up many questions concerning today’s society and the ethical and moral obligations that celebrities have when companies invest in you in exchange for your endorsement of their products. Although, Tiger Woods may be a great golfer his moral choices have proved to be less than desirable by the masses. According, to the Judeo-Christian values that our country was founded on (Cherry, 2007) adultery is believed to be morally unacceptable and thus makes the basis of the utilitarian approach to this discussion. The utilitarian theory is based on the greatest good for the greatest amount of people. This theory may hold true when speaking of adultery. I agree that adultery is wrong but do Tiger’s personal indiscretions warrant the abandonment of his endorsers. Was Tiger hired on the basis that he lived a moral life or because he is a great golfer? Now that Tiger Woods has made a public apology, does the belief that everyone deserves forgiveness prove to have priority over the condemnation of adultery? The utilitarian approach determines the greatest priority by the happiness level or consequences it produces. Since your happiness level is greater when influenced...
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...the FDA and PAI. What they chose to do was to take advantages of loopholes in the law. In order to avoid seizure by FDA, phony juice were transferred from one warehouse to another, to foreign countries and overseas markets so that Beech-Nut was able to minimize its financial losses and get rid of legal sanctions. It’s not like flipping coins where you always have equal chances of getting caught or not caught by doing bad things. Meeting financial targets for a company is surely important to top executives, but more important is to make right decisions and judgments that align with their moral duty and obligation. Social responsibilities are sometimes confronted with a company’s benefits. It has an obligation to act to benefit society at large. For Anderson, he should behave as a responsible individual first rather than a CEO who only focuses on financial goals. It is also a duty for every individual or company to perform so as to maintain a balance between each other. Beech-nut is selling baby food to newly born babies. Parents instill great trust and expectations into Beech-nut’s products. Same cases also happened such as Sanlu Milk Company in China. Many babies died from Melamine contained in the milk powders. Business moral standards are facing crucial challenges in...
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...STRENGTHS OF DENTOLOGY: Deontology is based on duties and rights and respects individuals as ends in themselves. It places value on the intentions of the individual (rather than the outcomes of any action) and focuses on rules, obligations and duties. Deontology requires absolute adherence to these obligations and acting from duty is viewed as acting ethically. The deontological thinkers tend to think about care delivered through a long term continuous relationship. To them breaking care up into smaller fragments is a denial of what caring is really about. They maintain equity and considers every individual equally and worthy of protection. Motivation is valued over consequences, which are beyond our control. An immoral motive cannot be justifies by unforeseen good consequences but a good motive is worthy of value. It provides guidelines for making moral decisions , without the need for lengthy calculation of possible outcomes. It recognises the value of moral absolutes that do not change with time or culture. Deontology sports a fair trial of right or wrong as it depends on a universally accepted morality approach. It also makes the philosopher study both sides of a situation without compromising the outcomes. WEAKNESS OF DENTOLOGY: Deontology: One of the key criticisms in healthcare is that applying a strictly deontological approach to healthcare can lead to conflicts of interest between equally entitled individuals which can be difficult or even seemingly impossible...
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...HAVE A MORAL DUTY TO PUT THEIR CONSUMERS FIRST 1.0 Introduction Nowadays, Malaysia has become one of the develop countries in the world. Many new things have been developed and improved in terms of business administration, economy, facility, technology, culture, education system, and so on. All of these things have a significant relationship with the law. People or organization has the right to be protected and the law have been created to make people’s lives more comfortable and peacefully. Laws have been used to protect consumers for centuries. These laws have been designed in a variety of legal forms, including criminal law, tort, contract, intellectual property, etc. In addition to those laws that specify consumer protection and product liability as their primary concern, numerous other provisions have the effect of protecting the consumer, for example by streamlining the prosecution of fraud, protecting property or facilitating litigation. This study will examine the critically assess the view that businesses have a moral duty to put their consumers first. Legislation of consumer protection in Malaysia now is entering to the new era with the recent introduction of the Consumer Protection Act 1999. 2.0 Business moral duty and consumer protection 2.1 Business moral duty A duty is an obligation to act in a certain way. When the obligation is based on moral and ethical consideration, it is a business moral duty. Often we think about moral duties in term of rules...
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...Altamirano Business Ethics Reading Response Consumers: Responsibilities of Business to Customer and Product Safety There are many moral issues in the business world relevant to consumers. In particular, businesses have moral duties to consumers and some actions taken in business are morally preferable that have an impact on consumers. In this paper, I will discuss the responsibilities of business to consumer and product safety. Businesses have at least the following two general ethical duties to consumers, according to any theory of justice or morally that recognizes that contractual relationships give us obligations and that we have a right to non-injury. Businesses must give us what we pay for. Whenever we trade, we are exchanging goods and services within an implicit or explicit contrast. One person is obligated to give one thing in exchange for another. People should not be deceived about what they are buying. For example, when we buy a TV set we expect to get the TV set, that the TV set will function, that the TV set has minimally sufficient quality, and that the TV set will not harm us when used in ordinary ways. Business must not harm anyone, including consumers. Business can make moral decisions that are not necessarily ethical duties. Some moral decisions are morally favorable and some are morally unfavorable. For example, utilitarians will argue that a business can help people live better lives, even though its not necessarily obligated to do so. One popular...
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...Mission statement and swot As a security professional, the company I work for has worked closely with the TSA for airport security details. While my organization doesn't have a clearly defined mission statement and vision, the TSA does. Mission: Protect the Nation's transportation systems to ensure freedom of movement for people and commerce. Vision: Provide the most effective transportation security in the most efficient way as a high performing counter-terrorism organization. Core Values: Integrity - Respect and care for others and protect the information we handle. - Conduct ourselves in an honest, trustworthy and ethical manner at all times. - Gain strength from the diversity in our cultures. Innovation - Embrace and stand ready for change. - Courageous and willing to take on new challenges. - Have an enterprising spirit, striving for innovation and accepting the risk-taking that comes with it. Team Spirit - Open, respectful and dedicated to making others better. - Have a passion for challenge, success and being on a winning team. - Build teams around our strengths. The TSA, while suffering much criticism, has undoubtedly deterred much violence in today's social climate just through it's very existence. Sometimes the methods in which security professionals and law enforcement accomplish their missions are called into question, but I believe that this stems from a deep seated resentment of authority figures that many in society harbor. It's hard to quantify...
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