B
Business, Law, and Codes of
Ethics
Katherine Piccolo
Department of Private Law and Legal History,
University of Milan School of Law (Università
degli Studi di Milano), Milan, Italy
Synonyms
Business ethics; Contract law; Corporate codes;
Corporate social responsibility
Introduction
The dichotomy between business and law has
played an important role in the establishment of
business ethics, both as a study and a practice. In
the past, the dogmatic adherence to the share-
holder primacy theory of corporate governance
has resulted in managers pursuing economic profit
without regard for ethical implications of their
conduct or consequence on stakeholder interests.
Reports of events such as industrial accidents,
corporate bribery, and workers rights’ violations
sparked concern for the impact of business activ-
ity and, implicitly, the rules that guided the behav-
ior of corporate decision-makers.
On the one hand, national governments have
sought to contain the negative consequences of
business with country-specific laws aimed at
protecting the natural environment, safeguarding
vulnerable categories of people, and boosting
investor and public confidence in business. On
the other, pressure from international organiza-
tions and consumers appears to have essentially
driven businesses to adopt codes of ethics to com-
municate corporate commitment to social and
environmental issues (Cerchia and Piccolo 2019).
Business and Law
Regarding the former, in America, initiatives such
as the Clean Air Act of 1963; the National Envi-
ronmental Policy Act of 1969 (which led to the
creation of the Environmental Protection Agency
of 1972 aimed at protecting the environment); the
Federal Water Pollution Control Act of 1972; and
the Toxic Substances Control Act of 1976
required businesses to rethink production pro-
cesses, including the substances used in produc-
tion, as well as waste disposal practices.
The Equal Pay Act of 1963; the Age Discrim-
ination in Employment Act of 1967; the Occupa-
tional Safety and Health Act of 1970; the
Employment Opportunities for Disabled Ameri-
cans Act of 1986; the Family and Medical Leave
Act of 1993; and the Americans with Disabilities
Act of 1990 have also affected a range of corpo-
rate (human resource) policies.
As concerns laws to improve transparency and
deter unethical business practices, the Foreign
Corrupt Practices Act (FCPA) of 1977; the 1991
© Springer Nature Switzerland AG 2021
D. C. Poff, A. C. Michalos (eds.), Encyclopedia of Business and Professional Ethics,
https://doi.org/10.1007/978-3-319-23514-1_1280-1