LAW/CLAW 122 ESSAY ON ETHICAL REASONING

LAW/CLAW 122 ESSAY ON ETHICAL REASONING
ASSIGNMENT 2016F
INSTRUCTIONS
1. Review the following fact pattern and respond to the question at the end of the fact pattern by writing a brief (maximum 500 words, excluding footnotes) essay.
2. This assignment is due at the beginning of class on Friday, 18th Nov, 0800 hrs
3. Please ensure that you include the following information with your assignment s title page:
a. Name;
b. Student number;
c. Section number; and
d. Total number of words in your essay.
4. This is an individual take-home assignment. You are NOT to work in groups; you are NOT to consult with peers; you are NOT to contract out the writing of the paper; and you are NOT to submit the same or strikingly similar essay as any of your classmates.
5. Your essay must be typed and, if there are multiple pages, stapled. Please double-space your essay and use Times New Roman or Cambria or Palatino as a type all in 12 point font.
6. Please review the definition of plagiarism . It is set out below, along with other information about academic integrity. There is also a link to a style guide to show you the proper format for footnotes.
7. You MUST submit this paper to turnitin.com. You do that by going to D2L, the assignment tab, menu item dropbox . Your instructor has or will shortly set up the dropbox and click the Turnitin option.
8. A list of campus resources that provide assistance with essay writing is set out below.
9. The rubric that will be used to grade your paper is also set out below.

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Law 122 Ethics Assignment, 2016F
FACT PATTERN AND QUESTION
Before a pharmaceutical is granted regulatory permission for sale to the public, a proposed drug must get through detailed phased trials. The phase trials are very expensive and with a high failure rate. Consequently, the hurdle costs to get a pharmaceutical to market varies between half a billion to a billion dollars.
Bendova Pharmaceuticals Ltd. has a broad spectrum of pharmaceutical drugs. Furthermore, Bendova has a drug widely used for allergy attacks (Ouchie), that Bendova has produced for many years. Ouchie is the most popular drug manufactured by Bendova. The patent has long expired (meaning the exclusive right to make, use and sell or the patent monopoly) but no one could challenge the price Bendova was charging, namely $5 a dose. The drug has a shelf life of 12 months so users must buy replacements, even if the drug hadn t been used. Children and young adults are the primary users of the drug.
Steve Brenda is hired as the CEO of Bendova to address the main issue, namely increasing profits to enable research -in other words have sufficient profits to meet hurdle costs. His contract explicitly states that he is obliged to use his best efforts to increase profits. To motivate CEO Brenda, his contract states that for every percentage gain in sales his salary will increase by $100,000 and for every $100 million extra in corporate profits, he gets $1 million bonus.
Steve Brenda decides to increase the price of the Ouchie from $5 to $150 per dose. Imperiously he orders that the shelf life of Ouchie be reduced to 6 months from 12 months. There is NO scientific basis for the latter point. All of this will hit many users hard, especially working families or single parent families with one of more children in need of the drug Ouchie. There are no substitutes for Ouchie. Ouchie is not included in the list of drugs that the provincial government will subsidize or defray the costs of.
There is an outcry from the users, social media and traditional media. People start to keep Ouchie beyond the expiry date and use it long after Ouchie has (truly) expired (meaning the drug is virtually useless in alleviating symptoms). People die.
Steve Brenda is unfazed. The company comes first and that includes its employees and shareholders. Steve Brenda is also adamant that his kids will attend Ivy League Schools in the United States, and start their working lives with a healthy trust fund (large bank account accessible on certain terms). He also wants a chateau in the south of France. And for that all to happen Steve needs a substantive bonus from Bendova Pharmaceuticals.

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Law 122 Ethics Assignment, 2016F
ASSIGNMENT
Write a brief essay [maximum 500 words] that analyzes the ethical issue concerning CEO Steve Brenda only in this fact pattern. In your essay, please identify and briefly discuss: an issue within the above scenario that has both a legal and an ethical dimension; whether CEO Steve Brenda acted legally in that instance; and An assessment of whether the Steve acted ethically, using ONE of the four types of ethical reasons discussed in class and in the ethics video / slides. (For your convenience, the four types of ethical reasons discussed in class are set out below.)
Again, this is an essay. You must use a proper essay format, and not simply provide point form or bald statement in response to the above questions.
PLEASE NOTE:
Focus on the actions of CEO Steve Brenda o An extensive set of facts does not necessitate an extensive answer. o Extensive facts however do provide you with sufficient details with which to formulate your short answer (500 words). o Again what you need to write is a focused, pithy and pertinent response. In other words, draft in a clear, concise and compelling way. o Do not regurgitate or repeat the bulk of the facts simply to fill the word quota. Cite the precise fact necessary for your analysis. o Remember it takes more time and thought to produce a short memorandum / essay than a long memorandum / essay.
ADDITIONAL RESOURCES
Four types of ethical reasoning
Consequences: we should promote good consequences and avoid bad ones, for all concerned, in the long run. (Happiness is good; pain is bad!)
Fairness/justice: we should make sure that good & bad consequences are distributed fairly. We should pay our debts and treat like cases alike.
Rights and Duties: we should protect rights and perform duties. These are often nearly absolute.
Character/virtue: we should consider what kind of people we want to be, and what example we want to set
Remember that if you quote the above or paraphrase it, you must provide a citation. You can cite the above as follows: Chris MacDonald, Law 122 Ethical Reasoning Module , Toronto, 2013.

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Law 122 Ethics Assignment, 2016F
RESOURCES AVAILABLE TO HELP YOU WITH WRITING YOUR ESSAY
Here are some resources aimed at assisting students with writing that are available on campus:
o The Writing Centre (LIB 272- B) offers one-on-one tutorial help with writing and workshops: http://www.ryerson.ca/writingcentre/workshops/.
o Learning Success Centre (VIC B-15) offers individual sessions and workshops covering various aspects of researching, writing, and studying: http://www.ryerson.ca/studentservices/learningsuccess/.
o English Language Support (VIC B-17) offers workshops to improve overall communication skills www.ryerson.ca/studentservices/els.
IMPORTANT REMINDERS ABOUT ACADEMIC INTEGRITY AND PLAGIARISM
Students are required to adhere to all relevant University policies, such as the Student Code of Non-Academic Conduct. University regulations concerning unacceptable academic conduct (cheating, plagiarism, impersonation, etc.) will be followed. See for example: http://www.ryerson.ca/senate/policies/pol60.pdf and http://www.ryerson.ca/senate/policies/pol61.pdf.
Plagiarism is a serious academic offence and penalties range from zero in an assignment all the way to expulsion from the university. In any academic exercise, plagiarism occurs when one offers as one s own work the words, data, ideas, arguments, calculations, designs or productions of another without appropriate attribution or when one allows one s work to be copied. Students should review the guidelines regarding academic misconduct.
It is assumed that all examinations and work submitted for evaluation and course credit will be the product of individual effort, except in the case of team projects arranged for and approved by the course instructor.
Students must ensure that they understand the conventions for referencing sources in footnotes and bibliographies. In addition to citing quotations from all sources, whether from written materials, interviews, or electronic networks, students must credit with footnotes or in-text references all facts and ideas that are not their own, even if they are in their own words. If you do not, it is considered plagiarism.
Submitting the same work to more than one course, without instructors approval, is also considered plagiarism.
Students are strongly encouraged to visit the Academic Integrity Website at: http://www.ryerson.ca/academicintegrity/ and the Ryerson Library website for proper citation and style guides at: http://www.ryerson.ca/library/subjects/style/index.html.

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Law 122 Ethics Assignment, 2016F
MARKING RUBRIC
Unsatisfactory (0) Satisfactory (1) Exceeds Expectations (2) Ethical Issue Identification Is unable to articulate the ethical dimension of the problem Recognizes the ethical dimension of the problem Recognizes the ethical issue and articulates how the issue is related to/differs from the legal dimension Identification of the law relevant to the ethical dilemma and understanding of what the law requires Unable to recognize legal issue or apply law Recognizes legal issue, but has difficulty articulating the application of the law/legal resolution Both recognizes the legal issue and arrives at the likely legal outcome by appropriately applying the law
Takes a position about whether the CEO has acted ethically (includes a demonstration of an appreciation for the relationship between law and ethics)
Fails to appreciate that an ethical outcome may require more than mere adherence to the law
Fails to take a position about whether the actor has acted ethically or not, focusing only on the law
Takes a position about whether the actor has acted ethically or not, as distinct from the legal analysis, but fails to elaborate.
Demonstrates a basic recognition that acting ethically does not necessarily overlap with meeting one s basic legal obligations.
Coherently elaborates on assessment of whether the key actor has acted ethically (as opposed to focusing primarily on the legal analysis)
Discusses the relationship between law and ethics, e.g., by discussing an option that is both legal and ethical or by identifying where law and ethics diverge in their obligations
Justifies position using ethical reasoning
Fails to justify decision in terms of ethical reasoning (eg uses business considerations such as reputation and goodwill)
Defends option using ethical reasoning; may display some weakness in application of ethical reasoning
Demonstrates strong application of a form of ethical reasoning. Coherently defends option using an argument that draws on typical ethical reasoning; elaborates on reasons.
Grammar and Style
Incoherent. No introduction, conclusion, or thesis statement.
Standard essay format is evident (intro, body, conclusion, with a thesis). Proficiency in common rules of grammar (punctuation, sentence structure, etc).
Strong written skills. Essay is cohesive and arguments are integrated well into overall body of essay. Mastery of basic rules of grammar and evidence of advanced capabilities (e.g., knows how to use a semi-colon).

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Ethical Reasoning (and the Law) [A stand-alone module on ethics by Prof. Chris MacDonald]
Law 122: Business Law
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Outline
A. What is ethics Cases 1, 2. B. Ethical reasoning. Cases 3, 4. C. Ethics and the law Case 5. D. Ethical and Legal Reasoning.
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A. What is Ethics
Def: Ethics is the critical, structured examination of how individuals and institutions shouldbehave when their actions affect others. Critical because it is about more than just describingexisting patterns of behaviour. Structured because it is about more than intuitions and gut reactions. It is about providing reasoned arguments for why we should (or should not) behave certain ways.
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Examples of Ethical Statements
I stopped to help at the accident scene because it was the right thing to do. It is good to donate to charity. A good person doesn t lie to her friends. It s wrong to lie to your customers. Taking advantage of someone s weaknesses is unethical. I admire him because of his integrity.
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Case 1: Ethics in Life Sami is an undergrad. While standing in line at Starbucks one day, she sees an iPod fall out of the side pocket of the backpack being worn by the girl in front of her. The girl wearing the backpack doesn t notice. Sami picks up the iPod, and looks around. No one else has seen. What do you think is the right thing to do, here Why, specifically What would you think of Sami as a person if you knew she had kept the iPod Would giving the iPod back be basic ethics, or would it be something special that would make you admire Sami What if, instead of an iPod, it had been a $100 bill
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Case 2: Ethics in Business Johnny works as a cashier at a 7-Eleven. One day a well-dressed woman comes into the store to buy a coffee. She hands Johnny a $20 bill, and he hands her her change. She rushes out the door. As she walks across the parking lot, Johnny realizes she has handed him not one but two $20 bills. What should Johnny do Why, exactly If you were Johnny s manager, what would you want Johnny to do If you were the customer, and you realized later what had happened, what would you think of Johnny Of 7- Eleven
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B. Ethical Reasoning
Figuring out the right thing to do is usually easy: you were raised well, and so you do the right thing most of the time! You are all basically decent, honest people! Can you think of everyday examples Ethics becomes harder when important ethical values or principles conflict. Ethical judgment involves weighingcompeting values or principles. There is no formula for doing this!
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Principles & Values
In ethical reasoning, we appeal to principles and values. A valueis something good that we ought to promote. Examples: honesty, kindness A principleis a rule, usually grounded in a value, that tells you what you should do. You should tell the truth most of the time. You should help people when you can.
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Ethical Principles & Values We can summarize a great deal of ethical thinking by pointing to the following 4 kinds of ethical reasons: Consequences: we should promote good consequences and avoid bad ones, for all concerned, in the long run. (Happiness is good; pain is bad!) Fairness/justice:we should make sure that good & bad consequences are distributedfairly. We should pay our debts and treat like cases alike. Rights and Duties:we should protect rights and perform duties. These are often nearly absolute. Character/virtue:we should consider what kind of people we want to be, and what example we want to set.
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Balancing Principles & Values Sometimes the relevant principles and values point in the same direction, to the same ethical judgment. Example: when a rich person promises a poor person some money, she has a duty to keep that promise, and doing so is likely to do a lot of good. But sometimes, the relevant principles & values are in tension, pointing in different directions. Example: police beating suspects might be effective in fighting crime (a good consequence!), but would violate suspects rights. In such cases, we need to do our best to balance competing principles and values, to figure out which reasons are most weighty. There is no formula for doing so!
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An Ethical Reasoning Process 1. Get your factsstraight. 2. What are the options 3. Next, ask: A. Who will stand to lose/gain from each option Who will be helped or hurt in some way B. Will any option violate someone s rights, or break a promise C. Are there any special duties of loyaltyhere 4. Weigh the importance of A, B, and C. (Again, there s no formula for doing that!) 5. Make a decision. 6. Is it a decision you could explain and stand by
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Right & Wrong Or Bad good best Sometimes there is a clear best answer. But sometimes there is not! Maybe all the answers you can think of involve some compromise. Your goal should be to think it through and provide good reasonsfor a better rather than worse! course of action. Even if your choice isn t perfect. Consider: If you make a bad decision, and are asked about it, the worstanswer you can give is Gee, I never thought about it!
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Ethical Reasoning: Case 3 Imagine you are in charge of sales for a small ad agency, and have been told by your boss that you have a bonus budget of $5000 to divide between the two salespeople on your team. Hardeep has generated 20% more in sales revenue this year than Mike has. But Mike has brought in more new customers. Mike also seems to put in more effort per hour on the job, but Hardeep puts in longer hours. Both could really use the money: Hardeep is still paying off her student loans, and Mike s wife just had a baby. You can divide the money any way you want: it s your call! How would youdivide up the bonus money What ethical principles or values do you think matter here Are those reasons you could explain to Mike and Hardeep To your boss To your mother To a newspaper
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Ethical Reasoning: Case 4
Imagine that a co-worker of yours, Katie, has been late for work several days in a row. Your boss, Lena, has noticed, and is clearly not happy. One day, you overhear Lena on the phone telling the President of the company that if Katie doesn t shape up, she ll fire her. The next day, you happen to see a piece of paper on Katie s desk an appointment slip from a local cancer clinic, showing a series of morning appointments for treatment. What should you do with this information What reasons (ethical values or principles) might you take into consideration Does the ethical duty to respect Katie s privacy outweigh your desire to help her keep her job
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C. Ethics and the Law
Can you name a few activities or behaviours that are both unethical and illegal But then Can you name a few activities or behaviours that are legal, but typically considered unethical Can you name a few activities or behaviours that areprobably ethically OK, but illegal
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Ethics and the Law
IllegalUnethical
murder
theft
fraud
Sexual assault
lying
perjury
Possession of pot Selling your kidney
Civil disobedience
Breaking a promise
cheating
Speeding to the hospital

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Case 5: Dickenson v. Dodds (from your textbook)
The court ruled that Dickenson had no legal rights. Dodds spromise was merely gratuitous. It was not a contract, because there was no consideration. Do you think it was unethical of Doddsto go back on his promise What reasons would you give Consequences Fairness Rights & duties Character Are there competingreasons in this case Can you name a reason that weighs againstyour own view here Asking that question can be an important reality check!
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D. Ethical and Legal Reasoning
Ethical and legal reasoning share a lot in common. Both involve reasoning about what it wouldbe OK to do, or about whether pastbehaviour was right or wrong (legally or ethically). Both kinds of reasoning require: An understanding of the relevant facts; An appreciation of relevant principles; Some consideration of precedentand analogy, in order to achieve sufficient consistencyof judgment.
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Ethical and Legal Reasoning Wheredo we see ethics inthe law itself In the justification for legislation: Ideally, all legislation should be aimed at promoting ethical values & principles, including: Promotion of social well-being; Protection individual rights. Check the preambleof any piece of legislation! In the reasoning of courts: At all levels, legal reasoning requires interpretation of laws and constitution, in light of fundamental values and principles. Judges at all levels appeal to what is fair and reasonable and just .
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Law-Like Sources of Ethics In some cases, ethical principles get written down by various institutions. In such cases, the line between ethics and the law may seem fuzzy. Examples University policies; Professional codes; Corporate policies; International conventions.
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Questions for Discussion 1. What is the socialrole of law What is the social role of ethics 2. What is the businessrole of law How does ethics make business (the market) work better 3. Why does the law not forbid everythingthat is unethical 4. When the letter of the law is not clear, how should courts decide cases
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Further Resources
The Business Ethics Blog: http://www.businessethicsblog.com Guide to Moral Decision Making: http://www.ethicsweb.ca/guide/index.html