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65 Cards in this Set

  • Front
  • Back
Environment of American business
capitalism and free market economies
Capitalism
economy without any government intervention of any kind, market driven with two classes: owners and workers
Self-interest
look out for own financial gains
Invisible hand
competition helps create market (survival of the fittest)
Theoretical tenant
people are good and if indivuduals maximize wealth, they will share the wealth and society will benefir from pure capitalist economy.
Problem?: people aren't good
Industrial Revolution
turning point to economic theory
Assembly line is part of industrial revolution, opportunity to make more products efficiently and faster
President Reagan
dealt with de-regulation of airlines, greater competition because airlines wanted into certain routs so prices kept dropping
Milton Friedman
professor at university of chicago, novel piece prize winner in economics, economic advisor for reagan
Social Responsibility (Friedman)
doesn't belong in business, free markets should thrive on its own, businesses don't have social conscience
Corporate Philanthropy (Friedman)
taxing shareholders
Executive Responsibilities (Friedman)
make economic decisions for social reasons it isn't in the best ineterst of the shareholders
Socialism as an economic system(Friedman)
view that political rather than market mechanisms are used to determine the allocation of scarce resources
capitalism (Friedman)
trickle down economics
socialism (Friedman)
government controls, everyone deserves same amount
Responsibility (Friedman)
to make money
Who came up with capitalism?
Adam Smith
Freeman
"Managers bear a special relationship to the stockholders inthe firm since stockholders own shares in the firm, they have certain rights and privelages, wihich must be granted to them by management as well as by others
Managerial capitalism
in return for controlling the firm (in the interst of the stockholders), managers can pursue market transactions with other stakeholders in an unconstrained way
Legal Arguments (Freeman)
law constrains stockholder interests at the expense of other claimants of the firm, though in genderal the intersts of other stakholders are subordinated to the claims of stockholders
Economic Arguments (Freeman)
in it pure ideological form managerial capitalism seeks to maximize the interst of stockholder. In its perennial criticism of gov't regulation, managemnet esopuses the 'invisible hand' doctrine
Why invsible hand doesn't work
monopoly power, externalities (effecst on some party that doesn't have a choice whose inetersts are not taken in consideration), free riders, moral hazard (likelihood that a contract encourages riskier choices that owuld be made w.o that contract, due to protection from risk)
Premise
implemenations of stakeholder management principles in the long run, mitigates the need for any kind of government intervention/regulation
Role of managers (Freeman)
to manage relationships between different stakeholders
-balancing multiple claims of conflciting stakeholders
-a firms survival could be in jeopardy when relatinoships between stakeholders become iimbalanced
Stockholder theory
purpose of the firm is to maximize the welfare of stockholders either because of property rights or because such maxmization leads to the greatest good.
stakholder theory
says the reason for paying returns to owners is not that they own company
Why do we need laws
constraints on power, define relationships among members of society, maintain order, equal opportunities
How do laws get enforced
Judiciary make decisions, members of society make sure laws are maintained
Why is it important to have a set of laws that odon't change arbitrarily form one incident to the next
people won't be able to keep up and know which law is right, issue of fairness, no consistncy of laws results in no meaning
What is the role of voluntary compliance by individuals?
most people will follow the law without having to be forced to do something
Laws set the floor of our behavior, not the ceiling
laws are basic foundation, but interpretation varies and doesn't mean buinesses are doing whats right. Set standard and not cap what we expect people to do.
Hoebel: functions of laws
-define relationships among the members of society establishing what activities are okay and not okay
-to allocate authority-who gets to use force
-to deal with trouble cases
-to adapt and redefine relationships as necessary as life changes
What it meants that the law requires purposeful definition of relationships (Selznik)
-law needs to be based on social norms
-law derives its working principles from culture, the 'norms' of society are engrained in culture
-law sets expectations, individual to individual, group to group
-involves re-defining relationships as consitions change(adaptable)
Selznick article 'ideal of legality'
legality or rule of law is necassary to have an organized, collective society
'Ideal of legality'
-necessary element to limit authority by social norms
-legality imposes an environment of constrain, tell you what you can't do
-legality is about how policies and rules are made and applied, rather than the content of the rules
-arbitrary (having different outcomes of same problems) elements should be minimized by legal norms and decisions
Allegory (the story of rex the king), the message
in order to function appropriately, society needs a set of laws to be consistent and understandable
Creating/maintaining a system of law may fail in the following ways(allegory of rex the king)
1. failure to achieve rules at all
2. failure to publicize the rules
3. use of retroactive rules (after the fact laws)
4. failure to make rules understandable
5. enactment of contradictory rules (not sure what to do)
6. rules that require conduct beyond one's control (can't comply)
7. change the rules frequently
8. failure to adminster the rules ars announced (undercuts integrity)
Ideal decisions
black and white: legality, industry regulatinos, company policies, or repeat situations
Most decisions
gray area: ethics, what's 'right', what's 'best'
To make a decisions you need to...
get information: what's the scope of the issue? what products are affected? who else is or should be involved?
Recall? All or some?
Important considerations? customer and consumer perspective
Key business considerations
marketing perspective, supply chain perspective, R & D perspective, finance perspective
Keys to succes in decision making
-focus on what is right for the customer and consumer
-communcation is KEY-get decision makers in meetings/on phone
-obsess over the details
-alight the common goal- everyone drive towards the same end
Legal relatinoships for business-decision-maker originate from four sources
1. contract law
2. tort law
3. law of agency
.4. statutory/regulatory law
Contract law
negotiated agreement which create legally enforceable rights and responsibilities between two negotiating parties
Negotiated agreement
-contracts must state all rights and responsibilities in form of offer by OFFERER and affirmative acceptance by OFFEREE
-only negotiated by parties of legal age and legal capacity
-mututal obligations, cannot have all obligations on one side
Tort Law
-civil wrong inflicted on a person/persons property
-law recognizes there are duties/responsibilities in world of commerce
Failure to reconize ones responsibility results in a...
tort
Law of Agency
when one party has trust of another and is to 'act' in others best interest, there is a fiduciary resonsiblity. party who has to act in other best interest in the fidicuciary. The party on whose behalf the action is being taken is the 'principal'
Respondent superior
let the master answer, principals are liable for agents wrong doing
Statuatory law
legislative branch of government, both state and gederal, create administrative agencies to oversee certain aspects of commerce
Business decision makers and owners (contract)
-business decisions makers are obligated to earn a return on investors investments
Business decisions makers and owners (Law of Agency)
organization exec. act in fiduciary relationships/obligations
Business decisions makers and owners (regulatory/statuatory law)
how this is done is also regulated by rules promulgated by SEC as well as various statutes (sox)
Business decisions makers and employees
-employee wages (c)
-minimum wage (r)
-safe working environment (OSHA)
-non-discriminatory treatment (EEOC)
Business decision maker and customer
-Sales contract governs actual transaction with customer (C)
-Tort law area of "product liability" identifies risk expsure of seller of defective product (T)
-Government agency rules such as FTC, consumer product safety commision and court systems in tort cases are also defined relationship
C, T, R
Business decisions maker and supplier
purely contractual; very little government regulation other than controls on credit and arrangement
Business decisions maker and society (community)
purely regulatory (enviornmental protection)
warranties
expressed: written
implied: not written
Common law
been a law forever
statuatory law
laws cities establish
freeman's take on managerial capitalism
disagrees
externalities
affects on a party that didn't have a say
Sherman act
monopolies are not allowed to exist
Patriot act
government can tap into phone lines, not as much privacy
Laws that effect decision maker owners
CFR
Contract
Laws of agencies
Regulatory/Statuatory