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Ethics in Law for Business

education, schools have traditionally been charged with ETHICS IN LAW FOR
teaching and reinforcing moral values, especially those BUSINESS
directly related to school behaviors. Since many of the
ethical issues that surround technology deal with school This article deals with ethical problems in law in the con-
text of business operations. A lawyer is professionally
behaviors, they are an appropriate and necessary part of
qualified to give businesspersons advice on what the law
the school curriculum. Schools must create technology
is; judges are authorized to decide what the law is; and leg-
environments that help students avoid temptations. Com-
islatures, within the limits of the Constitution, may make
puter screens that are easily monitored, use of passwords, the law. Religious organizations and other organizations
and logging in and out of secure network systems, along
make many statements about what is ethical, but unless
with videotaping of lab areas, all help remove the oppor-
the ethical norms are written into law, they are not
tunities for technology misuse in the media center or
enforceable and, to some extent, remain a matter of per-
classroom. sonal opinion.
Teachers and leaders of student groups who want to
This article is intended to raise issues of ethics in law
promote good ethical behavior can use methods such as for business that may be discussed and debated. It also
creating codes of ethics, using stories of good or bad ethi- provides a framework from Aristotle (384–322 B.C.E.) to
cal behavior as examples in discussions, inviting speakers, aid in the discussion of determining the most ethical
and using case studies, role playing, games, simulations, course. In each case questions may be asked as follows:
and mock trials. Of primary importance is the teacher’s or
student leader’s own behavior, which should be exemplary. 1. What are the ethical choices in making this deci-
sion?
Technology privileges should not be given to students
until they have demonstrated that they know and can 2. Does the law require the businessperson to make
apply ethical standards and school policies. ethical choices?
Finally, measures should be taken to improve the 3. Should the law require the businessperson to make
solutions to the ethical dilemmas that arise in information ethical choices?
processing. There is a need for more specific professional
guidelines and codes of ethics; research on ethical prob-
WHAT IS LAW?
lems; education and training; and cooperation among all Law for business consists of a set of required norms of
who are involved with information-processing ethics,
behavior. The essence of law is that it commands behavior
including, but not limited to, theologians, philosophers,
under threat of punishment or sanction. Tax law requires
computer scientists, educators, business people, and attor- the payment of money to the government; there is no
neys. choice. Contracts are entered into voluntarily, but once
SEE ALSO Information Processing entered into they may be enforced through the courts.
Many laws have no particular ethical content. Many laws
require ethical behavior, and, in rare cases, some laws may
BIBLIOGRAPHY require unethical behavior. Frequently the law allows the
Albee, Reid D. (1999). “Ethical Dimensions: Ethical Considera-
businessperson the choice to be either ethical or unethical.
tions of Pornography.” Retrieved October 18, 2005, from
In those cases the question arises: Should the law require
http://www.umm.maine.edu/resources/beharchive/
ethical behavior?
bexstudents/ReidAlbee/ra360.html.
Johnson, Deborah G. (2001). Computer Ethics (3rd ed.). Upper
Saddle River, NJ: Prentice Hall. WHAT IS ETHICS?
McNamara, Carter (1998). “Complete Guide to Ethics Manage- The Greek word ethos means habit. The Greek philoso-
ment: An Ethics Toolkit for Managers.” Retrieved October pher Aristotle taught that the ethical person is one who
18, 2005, from has virtuous habits. Among the virtues are courage, tem-
http://www.mapnp.org/library/ethics/ethxgde.htm#anchor41 perance, honor, good temper, truthfulness and justice.
892.
Virtues can be learned through education and practice.
Vincent, Annette, and Meche, Melanie (2003). “Knowledge of Aristotle believed virtue and consequent ethical behavior
Ethics Among Teens and Young Adults.” Ethics and Critical can be learned. He went on to say that we all seek “the
Thinking, 2003(4) 1-11.
good life,” which comes when we live in a society of ethi-
cal persons—that is, those who behave virtuously. This
Annette Vincent philosophy can serve as a model for our discussion. We
Melanie A. Meche must decide what the elements of “the good life” are

272 ENCYCLOPEDIA OF BUSINESS AND FINANCE, SECOND EDITION