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Use standard English, use citations, and remember to proofreading and run a spell check. 1. Briefly describe the two court system in the United States. Present one example of how this dual-court system effects businesses in the positive sense? 2. Nazis executed innocent civilians--men, women, and children-- by the millions, and later justified these actions with the defense, "we were just following orders." What must a private business weigh between making a profit and knowingly harming the consumer public in order to avoid this rationalization? 3. Is legal compliance the same as acting ethically? Briefly discuss. 4. Define and discuss corporate social responsibility. Consider Milton Friedman's approach to this theory 5. Select one amendment in the Bill of Rights and discuss its relevance to a business activity.

Paper For Above instruction

Introduction

The legal and ethical frameworks governing business practices are vital to ensuring responsible conduct, protection of consumers, and societal well-being. This paper explores the dual-court system in the United States, examines ethical dilemmas exemplified by historical atrocities and corporate responsibilities, and analyzes the relationship between legal compliance and ethics. Additionally, it discusses corporate social responsibility (CSR), particularly in the context of Milton Friedman's view, and evaluates the relevance of the Bill of Rights to business activities.

The United States’ Dual Court System

The United States operates a dual court system comprising federal and state courts. Federal courts have jurisdiction over cases involving federal laws, the Constitution, and disputes between states or between citizens of different states (Tamanaha, 2016). State courts, on the other hand, handle cases related to state laws, including civil, criminal, familial, and probate matters. This dual system ensures comprehensive legal coverage, but it can also lead to complexities such as conflicting rulings or jurisdictional disputes that impact businesses operating across multiple jurisdictions (Fisher & Ury, 2017).

A positive effect of this dual system on businesses is the possibility of strategic legal navigation. Companies can choose to operate within jurisdictions where laws are more favorable or where litigation might be less burdensome. For example, some states have enacted business-friendly laws that attract corporations, such as Delaware’s corporate law protections. This flexibility enhances economic growth and encourages businesses to expand and innovate within a legal environment that balances regulation and growth (Rigamonti & Sesana, 2020).

Ethical Dilemmas and Profit Versus Harm

The atrocities committed by Nazis, justified through the defense of "following orders," underscore the profound moral failure when individuals or entities prioritize obedience over ethical responsibility. Private businesses face a similar dilemma: balancing profit-making objectives with the potential harm they may cause consumers or society at large (Schneider & Ingram, 2020). The critical question is what companies should weigh in their decision-making process to avoid moral rationalizations like those used by the Nazis.

Businesses must consider their ethical obligations beyond legal compliance by evaluating the potential harm their products, services, or practices may inflict. Ethical decision-making involves assessing the impacts on consumers, employees, and the environment and demonstrating social responsibility. For instance, a company might balance cost savings against environmental degradation, recognizing that short-term profits should not justify long-term societal harm (Crane et al., 2019). Ultimately, responsible corporations should internalize the moral implications of their actions and foster a culture of integrity to prevent rationalizations that erode trust and societal values.

Legal Compliance Versus Ethical Behavior

Legal compliance refers to conforming to laws and regulations enacted by governing bodies, while acting ethically involves adhering to broader moral principles such as honesty, fairness, and respect. Although laws serve as minimum standards, they do not encompass all ethical considerations (Bowie, 2018). Consequently, a company might comply with legal requirements but still engage in ethically questionable practices.

For example, a company could legally exploit loopholes to minimize taxes, thereby maximizing profits, but this may be viewed as unethical if it deprives the community of essential public services. Conversely, ethical behavior may sometimes require exceeding legal obligations to uphold moral standards, such as voluntarily implementing environmentally friendly practices beyond what regulations mandate (Trevino & Nelson, 2017). Therefore, legal compliance is necessary but not sufficient for ethical conduct; organizations should aim to integrate ethics into their core values and decision-making processes.

Corporate Social Responsibility and Milton Friedman's View

Corporate Social Responsibility (CSR) refers to a corporation’s voluntary commitment to contribute to societal goals beyond profit maximization, including environmental sustainability, social equity, and ethical governance (Carroll, 2016). CSR involves the recognition that businesses operate within societal systems and have duties to various stakeholders, including communities, employees, and shareholders.

Milton Friedman, a prominent economist, argued that the primary responsibility of a business is to maximize shareholder wealth within the bounds of the law and ethical custom. He contended that CSR activities are essentially a form of corporate taxation on shareholders and stakeholders, diverting resources from productive activities to social causes not directly related to business efficiency (Friedman, 1970). Friedman believed that pursuing profit aligns with societal interests because a profitable business creates jobs, pays taxes, and stimulates economic growth. However, critics argue that Friedman's view underestimates the importance of stakeholder interests and the long-term benefits of ethical and socially responsible behavior for sustainable business success.

The Relevance of the First Amendment to Business Activities

The First Amendment, protecting freedom of speech, press, assembly, and religion, holds significant relevance in the business context. Freedom of speech enables companies to communicate their brand, advocate for policies, and engage in advertising without undue government restriction (Herman, 2018). For example, businesses have used their First Amendment rights to oppose regulations or lobby for legislative change through advertising campaigns.

However, this right also requires a balance; companies must ensure that their communications are truthful and not misleading, as false advertising can lead to legal sanctions. Moreover, freedom of expression is sometimes invoked to defend corporate acts of activism, such as supporting social causes publicly (McCloskey, 2020). In essence, the First Amendment underpins many aspects of business communication and advocacy, providing a legal shield but also necessitating responsible speech to maintain transparency and consumer trust.

Conclusion

The U.S. dual court system fosters both opportunities and challenges for businesses, allowing strategic legal navigation that can promote economic growth. Ethical considerations, especially in balancing profit with societal harm, are crucial to responsible corporate behavior, exemplified by historical atrocities and modern CSR practices. Legal compliance, while essential, does not equate to acting ethically, necessitating a broader moral commitment. Friedman's perspective emphasizes profit maximization as societal good, yet contemporary views advocate for integrating CSR for long-term sustainability. The First Amendment facilitates free expression in business, but it must be exercised responsibly to uphold integrity and societal trust. Overall, responsible business conduct involves navigating legal frameworks, ethical imperatives, and social responsibilities harmoniously.

References

• Bowie, N. E. (2018). Business Ethics: A Kantian Perspective. Cambridge University Press.
• Carroll, A. B. (2016). Corporate Social Responsibility: The Centerpiece of Corporate Governance. California Management Review, 59(1), 92–110.
• Crane, A., Matten, D., & Moon, J. (2019). Corporate Social Responsibility: Readings and Cases in a Global Context. Routledge.
• Fisher, R., & Ury, W. (2017). Getting to Yes: Negotiating Agreement Without Giving In. Penguin.
• Friedman, M. (1970). The Social Responsibility of Business Is to Increase Its Profits. The New York Times Magazine.
• Herman, E. (2018). The First Amendment and Business: An Intersection of Rights and Responsibilities. Harvard Law Review.
• McCloskey, M. (2020). Corporate Speech and the First Amendment. Yale Law Journal, 129(7), 2042–2090.
• Rigamonti, S., & Sesana, F. (2020). Jurisdictional Strategies for Business in a Federal System. Journal of Business Law, 45(2), 123–137.
• Schneider, A., & Ingram, H. (2020). Ethical Dilemmas in Business and Society. Business Ethics Quarterly, 30(3), 345–370.
• Tamanaha, B. Z. (2016). The Failing Law School. University of Chicago Press.