My last pitch to date at the academics and other professionals in the business ethics domain was this:
Subj: Case study of law undermining business ethics
As you know from prior emails, I contend that certain aspects of the law undermine the inculcation and institutionalized practice of business ethics in corporations. I have detailed my argumentation in articles I am trying to publish and present in other ways, for consideration by ethics organizations, ethics officers, consultants and academics.
Set forth below is the text of a letter, dated September 10, 2007, I have sent to The Honorable William H. Pauley, III, United States district court judge for the Southern District of New York.
I think the subject matter of my letter presents an excellent case study of a situation in which the law has proceeded in a fashion that undermines the goals of ethicists and ethics officers to promulgate ethical behavior by corporations and employees.
This consequence happens from a combination things. These include a craven failure by the law to grapple with and make determinations for society's benefit of what is and is not wrongful or unethical, and a mindless willingness and propensity to penalize masses of innocent individuals and at the same time to let the few individuals who are actually culpable to go scot free and laugh their way to the bank. In this particular case, the ethical mockeries perpetrated by the legal system and its conservators are deliciously encapsulated in the way those outside the legal system (the defendants) are hauled into court for allegedly skimming millions and millions of dollars in little amounts from little people, and the way the insider judge then turns around and puts his stamp of approval on a skimming off by his insider lawyer cohorts of comparable millions and millions of dollars in little amounts from the very same little people.
I hope your consideration of this case study will influence you to give further consideration to the contentions I have been making that the law undermines the inculcation and institutionalized practice of business ethics in corporations. If you are at the ECOA conference in Los Angeles, I hope you will talk about this with others there.
[text of letter to Judge Pauley]
September 10, 2007 letter to Judge Pauley