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Outline of Legal Environment of Business Law Ch1-5

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Outline of Legal Environment of Business Law Ch1-5
Outline
CH1
I. Defining the Law, Morality, and Ethics (1-1)
A. The Law and Morality (法律与道德)
1. Law consists of rules of conduct established by the government of a society to maintain harmony, stability, and justice.
2. Morals are values that govern a society’s attitude toward right and wrong and toward good and evil.
B. Values and Ethics (价值与伦理)
1. Ethics involves an attempt to develop a means of determining what values ought to be. 2. Ethics involves an attempt to formulate and apply rules to enforce values.
C. Natural Law Theory (自然法理论)
1. Morality and the law are united in a common bond.
2. Law originates from an objective, superior force.
D. Positive Law Theory (实在法理论) 1. Law comes from social institutions. (社会制度) 2. Law originates from an outside source that has emerged from within society.
E. Ethical Decision Making (伦理道德决策)
1. Ethical decisions are made in a variety of ways
a. Some people act on instinct.
b. Some people try to do what they “believe” is right.
c. Some people act within set guidelines.
3. Rules on ethics are admirable; however, they can be contradictory(矛盾的).

II. Ethical Theories (1-2)
A. Ethical Relativism (伦理相对主义,美国比较主流的)
1. There are no objective standards of right and wrong.
2. Standards change based on the person and the circumstance.
3. Ethical relativism is a common position among Americans.
4. Situational ethics, a variation, argues that an individual may judge another’s behavior only by stepping into the other person’s situation.
B. Social Contract Theory (社会契约论,卢梭)
1. Right and wrong are measured by the obligations imposed on individuals by an implied agreement within a social system.
2. People must give up certain freedoms to receive protections in return.
C. Utilitarianism (功利主义,效用主义)
1. Utilitarianism focuses on the consequences of an act.
2. It seeks the greatest good for the greatest number.
D. Rational Ethics (理性伦理主义,与伦理相对主义相对应)
1. The theory of

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