Home -> Law Blog Directory -> Academic Blogs -> Conglomerate
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Academic
: ConglomerateLaw, Morality, and the Corporation
By Gordon Smith, Christine, Hurt, Vic Fleischer, Fred Tung, Lisa Fairfax, David Zaring
I am thinking about selling my old Toyota. It runs great, but there?s one slight problem: after sitting overnight, it emits a horrid blue smoke when I start it up; apparently a piston seal has ruptured (or something like that, according to my mechanic friend). The problem doesn?t affect performance?yet, but it will certainly be costly to repair. So here is my conundrum: Should I disclose this fact to an interested buyer? This question I pose as one of morality?not legality. My own view is that if I offer this for sale to an individual, I must disclose. Caveat emptor does not excuse my Kantian obligation. But what if I trade it in at a car dealer? Does that same moral obligation apply to a corporation? The little that I know about both the problem and the dealer assures me that the dealer would never discover my dark secret. And even if the dealer did discover it, I can?t imagine that the dealer would ever disclose it to any unsuspecting purchaser. My gut instinct?without any second thought?is that I have no moral obligation to disclose to the dealer. All?s fair against the corporation.
I can?t help but wonder, however, whether I should re-think this decision in view of the broader moral issue. My decision seems to imply that morality dictates that with respect to corporations, I only need obey the law. No overbilling of corporate clients and no stealing towels from Marriot. Yet that same moral code tells me that the law does not always reflect what is the good and right thing to do. To be moral, sometimes you need to do more than the law requires. Morality dictates good Samaritan conduct. Where my dealings are with a corporation, however, that do-more-than-the-law-requires aspect of morality doesn?t kick in like it does when I?m dealing with an individual. My question, then, is whether it should. Should I act morally virtuous in dealing with a corporation, just as I should when dealing with an individual? On the one hand, it seems that the corporation is a market player that needs no looking out for; its very nature precludes any need for it to be watched over by those holding no stake in its welfare. It is a creation of the State. On the other hand, moral actions eventually affect human shareholders; the moral imperative that compels me to deal altruistically with individuals would therefore seem to apply when I deal with an institution that represents the interests of several individuals. Any thoughts?
I continue to ponder this question as I decide whether to disclose the ruptured piston seal to the car dealer. Next time I?ll buy a Honda.
Full post as published by Conglomerate on September 17, 2008 (boomark / email).
Wachovia Corporation WB Securities Fraud
Wachovia Corporation WB
Wachovia Corporation 401(k) / ERISA Stock Fraud
Wachovia Corporation 401(k) / ERISA Stock Fraud
Terex Corporation 401(k) / ERISA Stock Fraud
Terex Corporation 401(k) / ERISA Stock Fraud
State Street Corporation 401(k) / ERISA Stock Fraud
State Street Corporation 401(k) / ERISA Stock Fraud
Kohlberg Capital Corporation 401(k) / ERISA Stock Fraud
Kohlberg Capital Corporation 401(k) / ERISA Stock Fraud
Bank of America Corporation 401(k) / ERISA Stock Fraud
Bank of America Corporation 401(k) / ERISA Stock Fraud

Jonesin' for a Law and Morality Fix
God Made Me Transgendered and Why We Must Legislate Morality
Segev on McMahan on the Morality of War
"Is Morality Universal and Should the Law Care"
"35 years after Roe: A legacy of law and morality."
The Generational Divide in Copyright Morality








