Business law Argumentative Essay

In the context of the various ethical theory of autonomy (Rainbow, 2002), the secretary could ethically withhold information about Mrozek’s admission of having committed a killing. Under the said principle people are given control over their lives because said people are believed to have understanding of their chosen situation. Mrozek deserves to be protected in the eyes of the law and for him to enjoy that, the legal ethics has laid down rules upon which the same may be enjoyed.

Since knowledge acquired by the secretary is covered within the attorney-client privilege, the secretary must respect that right accruing to Mrozek, the moment the information on the killing was communicated to her or to the attorney. Communicating to secretary at that time was the only possible way that Mrozek would be protecting himself from harm and which the law allows him to have under the law hence it is also in accordance with principle of least harm (Rainbow, 2002). A legal system could ethically permit murders under the ethical theory of justice (Rainbow, 2002) which require that actions should be fair to those involved.

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The laws respect the basic human rights of individual including Mrozek in this case, to presumption of innocence until proven guilty. Hence the secretary or the lawyer she is representing is not in position to declare that guilt as there is requirement for an official authority like the judge or the court to do that. Hence all legal remedies should be made available by those entitled, which applies to secretary in this case, to do the same before the courts decide. Answer to Question No. 2

Johnson & Johnson may be deemed to be assuming both a profit maximization and social responsibility at the same time in responding to the crisis. But the pursuit of the social responsibility first was the more paramount objective that had allowed Tylenol to pursue profit maximization. Social responsibility is broader that profit maximization as the former is concerned on the effect of corporate decisions on the foundation of a free society. The concepts may however contradict each other if profit maximization includes inappropriate forms of pursuing profits but in this case such was not the thing that was found evident.

Had not the company recalled and destroyed capsules that it believed to be laced with cyanide, the consequences could have been worse that it could have lost all the trust of its customers. It is therefore possible to attain both objectives if one would just act responsibly. Answer to Number 3 It is would not be ethical to accept the greater risk of disaster by locating a plant in India on the ground that such risk would be more than offset by the lower damages it would have to pay because it would sound that social responsibility is being sacrificed at the alter of profit maximization.

The ethics of an act in business should not be measured by the amount of damage that would have to be paid independent of some other standards like the precautionary measures that should have set in setting up the plant in the area to prevent accidents and being able to maintain the same and the compliance of ethical standards set on said business decision. While it is true that company has the responsibility to its investors to maximize profits it cannot do so by sacrificing social responsibility in neglecting to practice code of ethics under the circumstances.

Under the case facts , the setting up of pesticide plant in Bhopal India is not unethical per se and that there could still be some ethical reasons for putting up or maintaining the same plant in India. Although the liability would be higher had the plant accident happened in the US, the project could still be justified if the same precautionary measures are present or maintained in India as presently done in the US. Another possibility of compliance of ethical standards as far the company plant in India is concerned is the by adhering strictly with the code of ethics in India pertinent to such kind of business activities.

In the absence of such of code of ethics , efforts should be employed by legislation or otherwise in India as in done the US (Boroughs, 1995) as guidance of future actions and as basis of evaluating whether actions done by company officials are still within ethical standards. Reference: Boroughs, 1995, “The Bottom Line of Ethics. ” U. S. News and World Report (March 20): 61-66 Rainbow, C. , Descriptions of Ethical Theories and Principles, {www document} URL http://www. bio. davidson. edu/people/kabernd/indep/carainbow/Theories. htm, Accessed February 14, 2008

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