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Business Law Assignment Written Assignment 2
This chapter introduces you to three theories of ethical thought and five schools of social responsibility. Explore how the three theories of ethical thought are put into practice. Using the Internet, find the code of ethics for a business or corporation that does business in your city or town. This site provides links to codes of ethics for hundreds of corporations: www.business-ethics .com. Applying your critical thinking skills, determine if the chosen code of ethics relies more heavily on one theory of ethical thought than the others. Are there aspects of that business’s code of ethics that you would like to see changed? Why?
Please use the library for your research. Do not use sites such as Wikipedia or Investopedia as your sources. If you use a website, make sure you review APA guidelines as to how to properly format websites as a source. Minimum word requirement: 500; include a cover page and a separate reference page listing your sources in proper APA style. Minimum 2 sources; your textbook can be one of your sources.
According to Tamanaha (2020) there are various schools of jurisprudence namely for instance the realist school of jurisprudence, the analytical school, the sociological school among many others. This paper seeks to evaluate some of the similarities and differences that exist between the philosophical school and the analytical school of jurisprudence. Firstly, when contrasting the two, analytical school of thought which is also referred toa s the imperative school provides a definition to how the law relates to the state. As per the school, the state can be referred to as the amalgamation or the combination of both the happiness and maximum possible liberty. It means that in the case that people become liberal and completely free to undertake what they choose to; they will get the maximum possible happiness they need and they would give out their very best to the society and to the nation at large. The law works on the principle of utility as explained by the writer.
Additionally, the working of the school of jurisprudence begins with the aspects of pleasure and pain. When talking about pleasure, what gives the people pleasure is termed to be a good thing while what causes pain and the pain itself, are termed as evil aspects. According to the school, pleasure can be quantified using various quantifying aspects such as intensity, certainty and even the extent (Akrami, 2021). Business Law Assignment
On the other hand, the philosophical or natural school of jurisprudence has its own features that sharply distinguish it from the analytical school of thought. Firstly, the school states that any existing laws ought to be on the basis of ethics and ethical issues as well as morals. Additionally, according to the school, the law ought to put focus on the correct which simply means that the natural school of thought emphasizes on the nature laws unlike the analytical school of thought that focuses on the state and what happiness and pain are as far as the people and the state are concerned. It therefore means that in the natural school of thought, the natural laws are the main point of focus while in the analytical school of thought, the state, pain and pleasure are the main points of focus. The philosophical/ natural school of jurisprudence seek and is concerned with the connections that exist between the law and some thoughts that the law is intended and to explore the reasons why a particular law is established. The hypotheses of natural law hold that social contracts were the premises of the general public and has been utilized to propagate the reactionary type of development and in a bid to create harmony in society (Raeiji Parsaei, Rostaei & Jamshidian, 2020). Business Law Assignment
When looking at the similarities between the two schools is that both schools seek to examine a particular core issue albeit that the issues are not the same as discussed above. Both schools have proponents and opponents who seeks to advance and to vehemently oppose the ideas of both schools as far as constructive argument is concerned. The proponents usually seek to grow the arguments of a particular school of thought through various justifications. On the other hand, the opponents often seek to discredit the arguments that are advanced by a particular school of thought in jurisprudence. It is also evident that both schools of jurisprudence are founded on some assumptions for instance the analytical school of thought is founded on the assumption that what gives pleasure is good while the opposite that causes pain is bad or evil (Akrami, 2021).
References
Akrami, R. (2021). Reflection of jurisprudence in the criminal codes of Shafi’i countries: Case study of Indonesia, Brunei, Malaysia and Yemen. Jurisprudence and Islamic Law.
Raeiji Parsaei, N., Rostaei, H., & Jamshidian, M. (2020). Comparative study of the bases of criminal responsibility of motor vehicle owners in the jurisprudence of the two schools. 2-Studies of Islamic Jurisprudence and Basis of Law, 13(40), 225-249. Business Law Assignment
Tamanaha, B. Z. (2020). Sociological Jurisprudence Past and Present. Law & Social Inquiry, 45(2), 493-520. Business Law Assignment