Instruction
Instructions:
Analyze and Critique Two Cases: Students will analyze and critique two cases (one old and one much more recent), and determine where to draw the line between self interest, which is legally acceptable and usually not ethically frowned upon, and greed, which is typically condemned both in law, ethics, and Christian teaching.
Case One:
Judicial opinion to analyze: https://www.leagle.com/decision/1965799133nw2d6661780 (Links to an external site.)
Case Two:
Thought-provoking story of a current event linking business, law, and religion: https://www.npr.org/sections/health-shots/2019/06/28/736736444/a-tennessee-hospital-sues-its-own-employees-when-they-cant-pay-their-medical-bil (Links to an external site.) and https://www.npr.org/sections/health-shots/2019/07/03/738638055/memphis-hospitals-suspend-debt-collection-suits-including-suits-against-employee?ft=nprml&f=1001 (Links to an external site.)
Answer these questions in your position paper:
Have the two businesses in these cases (the dance studio in the first case, and the hospital in the second) crossed any legal or ethical lines? If so, describe the conduct that is problematic.
What is the basis for your judgment that a legal/ethical line was crossed? How does the ethical paradigm you described in week 1 inform your position?
In the first case, the court punished the dance studio for being too greedy. Analyze and critique the court’s decision. Do you agree with the court? Why or why not?
In the second case, a Methodist leader who was asked for comment on the hospital’s legal practices went so far as to state “they should not be predatory to their own employees on medical bills. That's very much contrary to Scripture.” Analyze and critique that perspective. Do you agree? Why or why not? Did the hospital do the ethical thing by suspending the collection lawsuits?
As you answer the foregoing questions, it might benefit you to keep in mind that courts typically do not punish parties for engaging in behavior that is motivated by self-interest. But, businesses or individuals that are viewed as greedy often find themselves on the losing end of a lawsuit. Describe in writing where to place the dividing line between self interest and greed. Review the foregoing cases in light of this quote from Eric Posner, a law professor at the University of Chicago, in one of his articles elucidating how courts view “greed” as a business motivation:
“[C]ourts measure defendants' behavior against an implicit standard of normal conduct, and only when the behavior deviates too far will courts call a defendant greedy. Seeking profits is not greedy, even if competitors are harmed, as long as contract terms and business practices do not harm consumers, or do not harm them too much. Profiting through vigorous marketing is not greedy, even if some consumers end up purchasing things they do not want, as long as the hard sell does not take excessive advantage of vulnerable people. One is not greedy--or is excusably greedy--if one merely wants more money, but one is greedy--sometimes unlawfully greedy--if one makes too much money, at the expense of too many people, especially if they are consumers rather than business rivals.” Eric Posner, “The Jurisprudence of Greed,” University of Pennsylvania Law Review, vol. 151, pp. 1097, 1108-1109 (2003).
Your position paper is expected to be 3-4 pages in length (double spaced), and should make use of all the readings for the module, as well as any additional research you deem necessary.
Click the "Submit Assignment" link in the upper right corner to upload your assignment.