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Fifth Edition Ethics and the Conduct of Business R. Boatright Chicago le River, New Jersey 07458 Contents Preface vii Acknowledgments ix 1 Ethics in the World of Business 1 ETHICS, ECONOMICS, AND LAW | ETHICS AND MANAGEMENT. 18. BUSINESS ETHICS ANO ETHICAL THEORY. 22 CASE 1.3 A Sticky Stuation 25, CASE 1.4 Argus incorporated: A Leasing Tangle 26 2 Welfare, Rights, and Justice 30 | CASE 21th os et ie 30 | INTRODUCTION. 31 UTLITARIANISM 32 RIGHTS AND JUSTICE 37 \ THE MARKET STEAL 48 CCOSTBENEFIT ANALYSIS. 52 | CASE 2.2 Exporting Pollution 57 i CASE 23. An Auditor's Dilemma 5A 3 Equality, Liberty, and Virtue 64 CASE.) Bi Bohra Proce & Cambie 66 INIRODUCTION ue aTAN ETACS_ 6 EAM EGALTARAN THEORY 72 rose76s4 UistaRiansM 7% son 0-32 39N781-4 WRTUE ETHICS 0 ‘New feney Contents (CASE32 Clean Hane in Diny Business 85 CASE 23 Brecutive Compensation 87 WhistleBlowing 92 © CASE 4.1 Time's Persons ofthe Year 92 INTRODUCTION 95 WHAT IS WHISTLE-BLOWING? 96 THEJUSTIFICATION OF WHISTLE-BLOWING 98 1S THERE A RIGHT TO BLOW THE WHISTLE? 105, DEVELOPING A WHISTLEBLOWING POLICY 109 ASE42 A Whistle-Blower Accepts a “Deal” 111 CASE43 Batter Late than Never? 112 ‘Trade Secrets and Conflict of Interest. 116 CASE 5.1. The Aggressive Ad Agency 116 CASE 5.2. The Conflict of an Insurance Broker 14) CASE5.3. Procter & Gamble Goes Dumpster Diving 142 Privacy 145 CASE6.1 Poycholopica! INTRODUCTION 146 CHALLENGES TO Privacy 147 ting at Dayton Hudson 145 CASE 6.2. Thnee Challenges to Emplovee Crvacy 169 CASE 6.3. Ford Meter Box. 170 Discrimination and Affirmative Action 174 CASE 7.1. Discrimination a Texaco 174 INTRODUCTION 176 WHAT IS DISCRIMINATION? 177 ARGUMENTS AGAINST DISCRIMINATION 183, o 10 AVOIDING DISCRIMINATION. 185 [AFFIRMATIVE ACTION CASE 7.2. The Alaska CASE 7.3. The Water Imon Cannery 201 2 Witon's 202 ‘Women and Family Issues 207 (CASE 8.1 jacksonville Shipyards 207 INTRODUCTION. 209 SEXUAL HARASSMENT. 209) COMPARABLE WORTH! 216 FAMILY ANO WORK 226, CASE 8.2 Sexual Harassment or Business as Us Unjust Dismissal 235 CASE 9.1 The Firing of Rober Gresley 235 INTRODUCTION 236 PROPERTY RIGHTS AD EMPLOYMENT 237 ‘Thi FREEDOM OF CONTRACT ARGUMENT 243, EFFICIENCY AND EMPLOYMENT AT WILL 236 PROTECTING AGAINST UNIUST DISMISSAL 251, CASE 8.2. Waiving the Right 10 Sue CASES. A State ofthesAn Termination 285 Marketing, Advertising, and Product Safety 259 CASE 10.1. Selling Hope 259 INTRODUCTION. 261 MARKETING 262 ADVERTISING 272 PRODUCT SAFETY 284 CASE 10.2 Volvo's “Bear Foot” Mistep 295 CASE 10.3. The Ford. Firestone Braw! 296 Occupational Health and Safety 303 CCASE11.1- When isan Accident a Crime? 303 INTRODUCTION. 304 ‘THE SCOPE OF THE PROBLEM 305 12 contents CASE 11.2 Whirlpool Corporation 314 ‘THE RIGHT TO KNOW ABOUT AND REFUSE HAZARDOUS WORK 314 CASE 11.3. Johnson Contos nc. 327 ‘THE PROBLEM OF REPRODUCTIVE HAZARDS 322 CASE NA Ge ig at Burlington Norham 3128 Ethics in Finance 332 (CASE 12.1 Mell Lynch and the Nigerian Barge Deal 332 INTRODUCTION 334 FINANCIAL SERVICES. 334 FINANCIAL MARKETS 239 INSIDER TRADING 353, HOSTILE TAKEOVERS 348 CASE 12.2 The Salomon Brothers Bond Trading Scand! 357 CASE 12.3. Strong Financial Management Mutual Funds 359 Ethics and Corporations 364 CASE 13.1 Competing Visionsat Malden Mills 364 INTRODUCTION. 366 SOCIAL RESPONSIBILITY 367 CORPORATE GOVERNANCE 376 CASE 13.2 Bath ran Works 388 CORPORATE ETHICS 309 CASE 13.3. Sears Auto Centers 398 International Business Ethics 404 CASE 14.1. Nike in Southeast Asia 404 INTRODUCTION 405 WHAT TO D0 IN ROME 406 WAGES AND WORKING CONDITIONS. 415 FOREIGN BRIBERY 420 CULTURAL DIFFERENCES. 426 CASE 14.2 H.B. Fuller in Honduras $32 CASE 14.3. Shell Oil in Nigeria 434 CASE 14.4 Merch and AIDS in South Africa 436 Sp Index 441 Preface SS The field of business ethics has grown in recent years into an interdisciplinary area of suidy that nas found a secare niche in both Credit for this development belongs to ma business scholars—who have succeeded in re ‘They have shown ration, but also that p ‘and the Conduct of ‘o-date discussion of the most prominent issues in the field of business ‘the major positions and arguments on these issues, It is intended to he wsed as a text in business ethics courses on either the undergraduate or M.BA. level. The substantial number of cases included provides ample opportu a casestudy tare-discussion format. These has been no attempt (0 ystemi or to argue for specific conchisions, The field of sis marked by reasonable disagreement that should be reflected in book, 8 aud the Conduct of Business 9 primarily on ethical issues that corporate decision makers face in developing policies about employees, cus: tomers, and the general public. The positions on th the arguments for them are taken from a wide variety of sources, including economics and the law, of ethical issues in business is not confined to a single acaclemic disc he academic world, The issues selected for discussion are widely ators, judges, government regulators, business leaders, journalists, issues can be understood apart fro here. The book also contains a subst 10 only because the law addresses many ethical issues, Many exam- order to explain points and show the rele reablife business practice, mn Of Ethics and the Conduct of Bi ew developments and iges are in the chapters on the chapter on marketing. Three theory chapters in the previous wve been reduced (0 two and the material has been reorganized and slightly shortened. All of the material on including utilitarian accounts of rights, justice, analysis, are now together in Chapter 2. Chapter 3 wan ethies, Rawis's theory ofjustice,libertarianisin, ructors may assign parte of these chapters in any the current organization, with some shortening, provides 4 more the ethical theory necessary for business ethics, Much of the 0, has been rewritten to update and expand the discussion in the previous edition. Kight new eases have been written for this edi- 1s as “persons of the year Explorer; Burlington Railros and the Nigerian Barge scandal mut japters to incorporate such develop- Sarbanes-Oxley Act and the affirmative action decisions involving the Mi thank the reviewers for this edisien: Thomas ; Sarah Dundorf, Miami Dade College; Andra Gumi Anita Leffel, University of Texas-San Antonio; Don Sebi and Peter L. Stone, Spartanburg, Tes Loyola Unive SJ. ich was created to honor a former president of Loyola Uni also a pioneer debt of gratitude. the research assistance of April White and Katha expression of appreciation goes to my wife Cl ive been essential for the prepara the ones previous. Acknowledgments would like to express my gratitude for permission to use material from the follow ing sour Johnson & Johnson, the statement Our Credo. Reprinted by permission, John R. Boatright, Ethics in Finance (Malden, MA: Blackwell Publishers, 1999). Copy: right © 1999 by John R. Boatright. Reprinted by permission of Blackwell Publishers 1 Ethics in the World of Business CASE 1.1 Johnson & Johnson: The Tylenol Crisis on & Johnson, received ‘one of Johnson & johnson’s most successful products. The veloped in and by 1982 Tylenol kad captured over 33 analgesic market—over three times the market share of ‘of Johnson & Johnson's sales and a was achieved by heavy advertising and pri igedient, acetaminophen, can easily be ma ‘drug was open prey to competitors, and when Bristol-Myers introd 1 & Johnson had to move quickly. The company protected its market ashing prices by 30 percent and boosting adver ‘The figure rose 10 $40, brand had been expen- sive, but by 1982 the company was reaping the rewards of its investment ‘The cyanide that caused the deaths was placed in capsules of Extra Strength ‘TWlenol. Advertised as “the most potent pain reliever you can buy without a hic in the Were of Business The capsule form appealed to besause of an association of dropping rapidly. The red by false reports of Ty and the company feared a rash of copycat cially as Halloween approached. Johnsen & Johnson faced two problems. One was how to respond to put concerns, and to the possibility that more cyanide-laced capsules migh formation should the company release to the media and to worried ‘What changes, if any, should be made in the advertising for Tylen: ing be suspended? Should Johnson & ohnson ree: Extra Strength Tylens ‘The second problem was whether—and ifs, howto save the Tylenol brand fname. Many marketing experts were convinced that public would forever associate Tylenol with death, and sought for an acetaminophen product before the company’s competitors could cap- ture the market. James Burke was convinced that the brand name could be saved if ;on & Johnson restored public confidence quickly, but doing so would rea ‘words but steps to make tampering les likly. An aggressive campat ‘could backfire, however, if another poisoning occurred, because the company could bbe accused of being more concerned! with profits than consumer safety. Lies nthe World of Business 3 had enabled johnson & Johnson to prosper so current crisis? SSS INTRODUCTION sual, and fortunately rate, tet for the managers of Johnson. The ethical dilemmas of management ace generally less dra cease exhibits some typical features of ethical decision making in on & Johnson managers faced ethical issues that were inextricably job was not merely to do the right expertise and not commonly a part however, from the values expressed ‘This book they are also matters that in the halls of Congres io business are el tied to important matters af public tive and judicial processes of government, They are of of challenges facing the whole of socien, BUSINESS DECISION MAKING thes in the Wed af Bosness direction have be taging the work woman of ing company isaware that college sales and that peopl new pla nufacturer is having dificulyy me: the sales representative sn ‘o the new system w ver, the blame could be placed on che manufacturer. Dinecior The vice president of marketing f udents account fora large proportion of beer this age group form mers, employees, because of the prejudie of he of the designs and the bull hhe remove the woman as head of the engineering ing ofa prototype ure 1nd menibers of correct course of action is cleat lemands of business. The siles representative might nor be sure, forex: out the extent to which he is obliga sales representative close the deal without advising the customer of the uge aerospace firm head an engineering team charged with designing a She was tapped for tne job hecase 2 F knowledge of the engineering aspects of the project, but dhe men under het er supe: ies inthe Werld of Business 5 ‘shout possible delays in delivery. And the director of research, although convinced discrimnination is wrong, might stil feel chat le has no choice but to remove the ‘woman as head, In deciding on an e' fon the rules of night conduct that we employ is wrong, {or example, whether we deceive a friend or a customer. And corporations no less than persons have an obligation not to dsc dlfferent from those of everyday us. For example, has responsi his problem in part is to find the proper of business isis economic character. In Uhe world of busi ith each other not as family members, friends, or aeighbors but 4s buyers and seliers, employers and employees, and the like, Trading, for exan both sides conceal their sd salesperson is well versed es by a bit of puffery) to Sail, there isan “ethics of trading” that prohibits Use use of false ot claims and tricks such as “baitand switch advertising. loyment is also recognized as a special relation with its own standards of right and wrong. Employers are generally entited «© hire and promote ‘whomever they wish and co lay off or terminate workers without regard for the cou sequences. (TI >eing increasingly challenged, however, by those who ho to fire only for cause and to follow rules of due process Employees also have some protections, such as a right not t be di oF wo be exposed to workplace hazards. There are many controver oye hip, sich as the rights of employers and employees wit arousing a customers a re ethics of business, chen, is at least the conduct of buyers and sellers a 1 according to organization stem of functionally defined positions designed ‘goal, wembers of a b sar pos 1 sales represen tar, the vice presi- dent for ‘or CEO discussed obligations to purse the goals of the firs. Thus, the marketing exeeutive is not free to act solely on her 184 partic Ethics inthe World of Business ‘own standards of good taste and social responsibilty at the expense of sales for the brewing company. Nor ean the CEO rightfully interests of shareholders and consider only the impact of the merger on the employees of the community Any more dan he ean consider only his own interest. business presents us with new situations Levels of Decision Moking decision making. An empl tunrexsonably demanding boss, for exampl hii expense account faces the for her organizational fal harassment aid within an inc sty, change single-handedly, because the company possibly less-ethical competitors, The most effective istry wide code of ethics, agreed to by all, Similasy, the 's work, which is discussed in Chapter 8, h no one company. igle employer cannot adapta policy of comparable wor thes inthe Werld of Businase 7 systemic, and consequently any substantial change must he -m. Systemic problems are best solved by soine form of regu Identification of the appropriate level fora d aan ethical problem may have no solution on the level beer marketer described earlier may have little choi in using tasteless gimmicks because the problem has no real vidual or orgas at she place the problem on the syst 1d seck a solution appropriate to that level. Richard T-DeGeorge has described such a move as “ethical displace involves many factors, ing of the relevance to begin with a deseription ‘can be made: the economn can see how these points of view may be inte lecision making that can aid people facing di los deal for the sale of an office compu ‘conomic or business point of view, as long as there ar ick complet 10 repercussi of the design for the airplane component an idents are good for the same reason, Th ‘egal point of view. Would removing neering team be considered illegal sex discrimination? Woul the merger merely to avoid closing the pla consider the moral poi rge to be right or answer, or perhaps wanting to make sure that he sles representative might push further and ask for the found the correet Ethics in the Wer of Business reasons thathe 0 sugges emesis —— forming the customer about the possibi losing the aie ands handotne om benef o hse, he ough fo clos gener harm he company were unable o to Rimlf are reason rating in some way why shoul he not con Ee and harm forthe ester towel? Te fics that the customer igh ser sub Samal oes would seem o bes morals relevant cea for revealing the posible "hae no obligation to thats his problem, not representation does not require that something false acutally be sai representative asures the customer ’be ne problem ies, then he is ling. But a person can lie by remaining silent or even saying some- thing true. For example, the salesperson might say thatthe supplier has never filed from the frst However, a dilfere want to be treated in the same way? These questions sug- gesta line of reasoning that is commonly expressed by the Golden Rule: Do unto Ethics inthe World of Business 9 fothers as you would have them do unto you. Part of the force of this rue i its insis tence on equality which isan important element of fairness or justice. ‘To treat oth fers in ways that we would not like to be treated is to make exceptions for ourselves 1d hence wo depart trom recause they are a part of the prevailing mor justify the rules we act on by means ofthe most gene prehensive kind of reasons available 5 view requires ‘the interest of everyone, including ourselves, s equally worthy of consideration sive all interests equal weight in deciding what to do, The moral point of view is the ite of being purely selfinterested. The idea of a personal morality—that i, Wy ouiselves—is absurd. Morality by its very nature i newspaper, for exeraple? ‘A decision made from the moral poi stand and eve tes this kind of openness and sc ‘An Integrated Approach ve the objectives ofthe organization. Although profit, the ultimate purpose of any business organi- ith the greatest efficiency. Doing this in & ies economically sound deci thes ade Wel of Busines: conducted. Not only must managers be aware of the law in order to avoid violations, bur they must also ensure that the peor ‘manage comply with the law. An understanding of the law is an essential compo nent of manageri An integrated approach requires that we give proper weig! eco nomic and legal aspects of a problem, but to think that sound sions could be made solely from a perspective that excludes ethics is just as wrongheaded asi to think th they could be made on the basis of ethical reasoning alone. Just business decisions must reflect purely economic considerations Managers inast juggle lother factors in'takin production, marketing, person ie economic point of view. Inevtal te tree points of view, but the ideal resolution is not ¢ trade-off between poi ‘considerations. The outcome, instead, should be a decision that is ing the legitimate demands of eco- nomic performance and a company’s legal obligations rength Tylenol capsules ‘off store shelves in the Chicago area and recalled all bottles from the two batches that had been identified in the poisonings. A decision was mace to be complevely ‘candid with th cal communi nsumers by developing a three point protection sistem ‘cap, and a seal over the jenol in capsule form was ntfactor in deciding on a reall was the Johnson & Johnson credo Developed in the 1940s as an expression of the company’s way of Ethics inthe Word of Business 11 cir merit. They must have a ‘and adequate. and working conditions We must be mindful of ways to help our employees full th sibilities. Employees must ieel free to make su employment, development, and advancement for those qualified. We must provide competent management, and their actions must be just and ethical. ‘We are responsible to the communities in which we live ane! work and to the por g00d works anc ‘charities and bear our fair share of taxes. We musi encourage civic improverer and beter health and educ lockholders. Business must make a sound Jobson & Johnson, he statement Our Ciédo, printed by pemision doing business, the credo had guided several generations of Johnson & f employees. One of James Burke's first acts upon bec nage: ‘and the outcome was gratifying reffimation ofthe credo s igh economic and legal considerations played a role in ‘Tylenol crisis, the credo served too, and the clear Contained enabied the company to make some ies in tne Worl of Busines CASEL2 ThefthisofHardbal = SSS ‘Toys “R” Us: Fair or Foul? Hardball tactics are often applauded in business, but when Child World was the vic~ the loy etalier cried foul. its complain: was directed against a major competi- ‘whose employees allegedly bought Crild World inventory off shelves during a promotion in which customers received $25 gilt certificates buying merchandise worth $100. The employees of Toys "R” Us were accused of charge, and then Toys *R” Us could redeem chandise, which could be resold at an even higher bought up to $1.5 ‘undercover man- rep ‘open to such a hardball tactic by slashing prices and offering the ceric effort to increase market share against its larger rival Home Depot: Good Ethics or Shrewd Business? other buitding That weekend the 18 Home Depot stores in southern Forida sold more 4-foo%-by-B-foot sheets of exterior plywood than they usual in two weeks. On August 24, 1992, the hurricane str.ck, destroying or damaging ‘more than 75,000 hy ke the company runs 16 mi acres of timberland, ipation of Hurricane h the cooperation of suppliers, to sell 15 after the hurricane, compared with a price of he increase to less than 18 percent. Home Depot Bhs inthe World of Business {executives explained their decision as an act of good ethics by not prof human misery. Others contend, however, that the company made a shrew decision eee ee ee ete UE ETHICS, ECONOMICS, AND LAW Businesses are economic organizations that operate within a framework of law. re organized primarily to provide goods and services as well a jobs, and their "ess depends on efficient operation, In 2 capitalist system, firms must compete effectively in an open market and make a profit. American business has often been, describe wh ‘he game, which are set mainly by government.’ On this view, it may be helpful and even estental to observe certain ethical standards, but doing so is merely a means to the end of profit making Both economies and law are critical to business decision! making, but the view that they are the only relevant considerations and that ethics does net apply is plainly false. Even hiard-fougine games like faotball have a code of spor ipin addi 100, i governed by more than the legal rules, | a competitive business system, in which everyone pursues his or her est, depends for it existence on ethical hehavior and is justified on ethical ‘onship of business ethies to economics and the law is sly summarized. The following discussion is intended ‘The Relationship of Ethics and Economics According to economic theory, firms ina free market utilize scarce resou ‘of produetion (labor, raw materials, and capital) in order to proce ano! ies). The demand for this output is determined by the prefere indi ‘onsumers wh select from among the available goods and services so as vo mas 1 satisction of thei tity. Firms also seek t0 ‘output up © the point where ‘of goods and services equals the am: labor, raw materials, ane capital—that is, where mary costs. Under fully competitive conditions, the result is econe ‘To make a choice on the basis of ethics—that is to use ethical reasons in making a decision appears at feat glance to be incompatible with economic choice. To make decisions on Ethic inthe Wor of Business economic grounds and on ethical grounds is to employ two different kinds of rea- n offer explanations, but also justified. That is, eco ‘tiliey maximizing ch eifeation ofthe Maret Seem. The argument for his positon i the easiest “teneof he arte nem which i stad io Chapter 2. Un The Wet Nations, Adam Seni of other moral ies, Sit’ argument would not chaotic society marked by pervasive corruption and mistrust, Furthermore, defense of the free market in The Wealth of Nation, Smith was speaking about ‘exchange, whereas economics also includes production and distribution The distribu tion of goods, for example, is heavi business activity ints to pre ‘Markers must be fully competitive, with easy entry In addition. all cos ‘Some Conditions for Free Markets. 8 common view is that ensuring the conditions for free markets and correcting for their absence isa job for government It is gavern- other words, to create the rules of the game that allow y on economic grounds. However, the task of mi bbe handled by governmentaione, and the failure create an obligate ‘tactics ike those allegedly employed by Toys “R™ Us (Case 1) are apparently legal, saben Fics in the Werld of Business 15, but many companies would consider such deliberate sabotage of a competitor to be ‘an unacceptabie business practice tt ompatible with the market system, Recent work ip economies has revealed the influence of ethics on peopl economic behavior, Economists have shown how a reputation for hones ahd rea ness, for example, attracts customers and potential business partners creating economic opportunities that bbe available otherwise, Similarly, people and firms are punished in the market. People are also moi jor by consideration of fairness. This is ante by he ‘h two people are given a the money iso be divi he second person accepts ‘only one proposal, and proposal is rejected by the second perton, the money is taken away and each 8 receives nothing, Economic theory suggests thar the second person would posal, no mater how stall the share, if the a first perso xive isno money at as $1 oF les. But many peo- oposal in which they receive a share Economists explain ‘compari by the fact that considerations of faimess force ma t nsumers remember price gougiag and other practic will punish the wrongdoers by cea boycotts. One sud fou people in a natural disaster fet that everyone ought to make some Profit secking by afew is perceived as shirking a fair share of the burde Finals, when economics is used io practice to support tust be guided by noneconomic values, Economie am F cocaine as easily as wo the soybean market. allow both markets. That is 3 decision for ‘basis of other considerations. A tax system, for example, depends on a analysis, but the U.S. ax code attempis to achieve many aims simultane to be accepted as fair. A.lemonstration that a particular system is the mos. "purely economic perspective would not necessarily be persuasive to ing a new tax code, ‘The Relation of Ethics and the Law Business activity takes place wi that law isthe i only relevant, ‘vo predot framework of law, and some people to business activity: Law, not ethics, ‘that ead people to hold this view are varied, hes inthe World of Business ‘Tao School of Though. One school of thought is that nw and ethics govern two dif. yhereas ethics isa private matter. The that applies to everyone, whereas eth would bea mistake to apply the rie of poker Tha the nw epresnts minimal eel of expected covet bat everyone should Clnere, Enea onthe oer hand, shige, por lvel Ince to beet Gah but our conduct hs be lg ¢ mistaken, Although eis doce ‘moral objections, ‘The other school of thought is thar the law embodies the ethics of business. ‘There are ethical rales that apply to business, according to this position, an have been enacted by legislators court. Asa form of social control re precise and deta reasons, some peapie hold cient in business merely to observe the law. Their moto smrorally okay"! Jobal business. More .eeded not only fnew ‘The 1964 Civil Rights Act, for example, was passed by Congress in response to the recognition that discrimination, which was widely practiced at the time, is morally wrong, ought the law in make assure a successful legal resolution, and to sulfer adverse consequ ies have prevailed in court only ces in the marketplace. As a prac Shc in the World of Business. 17 managers need to consider both the ethical and legal aspects of a situation in mak- ing a decision for many reasons, including the following ippropriate for regulating cenain aspects of business mmoral is illegal. Some ethical issues in business con. tions at work or relations between competitors. which would "egulate by aw. Taking credit for someone else's work, making unres 1d unjustly reprimanding an employee are all they are best left outside « competitors may also be legal but Whether the effort of Toys "R” Us to sabotage a prom acceptable behavior (see Case 1.2) is open to dispute, b ‘ive maneuver is ethical. Generally, legsiatures and tae ene in ordinary business decisions unless significant rights and interests are at stake, They rightly feel that outsiders should not second-guess the busines judge develop D. Stone points out that the law is primarily reactive, people in the business world can anticipate and deal public at h long before they come to he legislative and judicial processes themselves take a long time, ‘much damage can be done. This is true not bobs bu ako for longrecognize! problems where the ly for newly emerge as lagged bel concepts that are not precisely wierstand the law without consi! iis thata lower price was price of a competitor Yer the notion of yood Instance. Abiding by the law, therefore, req standing of this key moral concept. The fiduciary duty of person, sch as 2 wastee, to fa benefic JJusuece Benj

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