Business Ethics v Business Law: Rules, More Rules, and Deliberation
Author: Anderson, Bruce
Source: Legisprudence, Volume 2, Number 3, 2008 , pp. 217-230(14)
Publisher: Hart Publishing
Abstract:This paper focuses on the relation between business law and business ethics in order to raise questions about the presumed distinction between law and morality. By investigating rule-following and the problem of running out of rules in legal and moral decision-making the argument that emerges is that deliberation, not rules, should be considered the centre-piece of decision-making in both law and morality.
Document Type: Research Article
Publication date: 2008-01-01
- Legisprudence aims at contributing to the improvement of legislation by studying the processes of legislation from the perspective of legal theory. The content of the journal covers legislation in a broad sense. This comprises legislation in both the formal and the material sense (from national and European parliaments, regulation, international law), and alternatives to legislation (covenants, sunset legislation, etc.). It also takes in regulation (pseudo-legislation, codes of behaviour and deontological codes, etc.). The journal is theoretical and reflective. Contributions to the journal make use of an interdisciplinary method in legal theory. Comparative and system transcending approaches are encouraged. Sociological, historical, or economic studies are taken into account to the extent that they are relevant from the perspective of interdisciplinary legal theory. Dogmatic descriptions of positive law are not taken into consideration.
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