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What is Business Law and Ethics
Law and ethics in business is the regulation of business behaviors in order to maintain a fair and orderly society. Since the state is generally not involved in private transactions, those involved must uphold their own ethical standards through the mechanisms of commercial law. Additionally, a business will also have a set of internal ethics policies and procedures to follow. Ethics legislation is therefore not a separate law but instead is adhered to by all businesses in that country.
According to the United States Department of Commerce, the term ‘business ethics’ is interchangeable with ‘business law and ethics’. The principles behind commercial law are similar to those behind ethics but the two terms are not interchangeable as they serve different functions.
The commercial law is a set of laws, both national and international, made to regulate the business sector. They are created to ensure that all entities involved within business operate in a fair and productive way. Although the production of goods and services is the main aim, commercial law also aims to ensure that business is conducted in an orderly manner so that all parties can benefit from their involvement. Under commercial law there are two main principles: competition and commercial secrecy.
The main aim of competition law is to make sure that any parties involved in a transaction realize the full benefits of their involvement. This is done by making sure that each party has a fair chance to perform their duties without the other party being able to manipulate the process in his own favour. Competition law plays an important part because it ensures that businesses operate in a fair way and that they can compete amongst each other.
Commercial secrecy law is a law that allows businesses to keep their activities secret from the government, other businesses and individuals. There are several reasons why commercial secrecy should be in place. This may include the fact that some business deals require information to be kept secret, such as the manufacturing of weapons or drugs. Commercial secrecy also has a historical aspect as it protects customers from competitors using their business to their advantage thus making them money unfairly.
The commercial law also aims to prevent businesses from making the law their own. This can be done by setting a code of conduct that they must abide by and setting sanctions in place if they fail to comply. It is extremely important that commercial law is enforced equally as it is only fair that all parties are treated equally. This will ensure that any party involved in a business transaction can trust the other party to keep its word.
Commercial law has an effect on business ethics as it influences a company’s policies, guidelines and procedures. A company’s business policies and procedures are influenced by the commercial law. The law helps to create a set of policies that a company must adhere to in order for them to be in compliance with the prevailing commercial law.
With regards to ethics, the main aim of commercial law is to ensure fairness and equality amongst all parties involved in a business transaction. Commercial secrecy acts as a compromise between the needs of customers and companies whilst also preventing them from making any unfair deals. Commercial law does not make up and enforce rules for how companies are to act towards each other, as this is the job of ethics. Therefore, commercial laws and ethics are separate statutes and will be required to follow different guidelines.
List of All The Best Business Law And Ethics Courses/ Units Are As Follows
- Introduction to Business Law – This course covers topics such as: Contracts, Agency, Business Ethics, Employment Law, Civil Rights in American Society, etc.
- Business Law I: Business Associations – This course covers topics such as: the law of business organizations, partnerships, corporations, limited liability companies and the Uniform Commercial Code.
- The Law of Business and Finance – This course covers topics such as: Contracts, Torts (negligence), Property law (real estate), sales, negotiable instruments, secured transactions and other commercial transactions.
- Business Law – This course covers topics such as: The structure of business, financing, mergers and acquisitions, partnerships and associations.
- Understanding Business Ethics
- Managing People in the Organization
- Accounting for Ethics in Business
- Internal Auditing for Ethics in Business
- Marketing and Advertising: The Morality of Trade and Pleasure
Importance of Business Law And Ethics
- It ensures that businesses operate in a legal manner but only within the limits of law itself and shall be those rules which govern all or most companies, or are acceptable to government. As such however, codes may change according to legislative changes, e.g. regulation, and may also be amended from time to time. In any event, the codes should be clearly stated and available for all to see in the company’s web site(s) or catalogue. For example, a code could read like:
- The law also has a role in making sure that businesses operate within set reporting requirements. This ensures that all parties involved in a business transaction are kept aware of any changes that occur to the company or its products. This will make the business cycle more efficient.
- The law also acts as an incentive for businesses as it ensures that they are able to operate in a way that they can gain the most possible profit. Commercial law may also function as a deterrent to businesses who may be tempted to engage in dishonest practices such as fraud, corruption and bribery. This is done by making sure that all parties involved have access to the same information and are made aware of the consequences of their actions.
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