THE PHILOSOPHY OF LAW AND BUSINESS


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Previous Article: "Bad" Contracts: Leverage Follows The Money


Other Articles


  • The Law
  • Capitalism
  • Dignity In The Deal
  • The Fear of Winning
  • Self-Interest
  • Same Sex Marriage: An Act of Law
  • Respect For The Law
  • California's P2P Law
  • The Baseball Hat


  •        These articles are a more personal and philosophical look at the law and business and our individual and collective relationships to those issues.  The articles are about the law and business but written with a much wider lens.  My goal is to explore new ideas.

            These articles have no defined boundaries and cross the boundaries of many disciplines.  I do not write as any sort of a therapist, psychologist or other similar kind of professional for I am not any of that kind of professional.  Those issues are beyond the scope of these articles and are thus not the subject of these articles.   Instead, I write from the point of view of an experienced attorney and business person and as an observer of people.  And as a philosopher.  I see things in a context that is often not seen by others.

            I write and publish because I have come to see that the law can be and in many instances is the sole source of change in the world.  It would be nice for change to occur because people see the inherent value in the law.  But the reality at the present moment is that it is often only the compulsion of the law that causes people to pay attention.  We have a "minimal compliance" mentality, a mentality that teaches us to do only what is absolutely necessary and not a nano-bit more.

            I have written much about dignity and respect within the context of business transactions (read Dignity for Designers, Dignity In The Deal and Respect For The Law.)  I see that this most basic element of human nature, self-respect, is sorely, sorely lacking and as a result, instead of people recognizing that they do not respect themselves and working to change that by increasing their knowledge so that they can make a good deal for themselves, many people turn their lack of self-respect outward and blame the other party in a transaction for "causing" them to "have" to make a bad deal.  Or any number of other excuses as to the reasons they are not successful, without realizing the source of their lack of success.  They truly set themselves up where they can only fail.  (Read Set To Fail.  Also read Capitalism).  I see this in many settings but since I write about the law and its applicability to business, I see it most prevalent within the business context.

            So I write to enhance a party's self-respect within the business transaction.  (Read The Fear of Winning and Self-Interest)  By explaining the law in as simple of terms as possible, I hope to be able to teach my readers (and there are huge numbers of them) about how to take care of themselves within a business transaction since it is not up to the other party to do so (except in fiduciary type relationships).  And thus to make good deals.  To the extent that, by helping others make better deals, that improves the overall quality of "society" as a whole, that is an additional benefit.

            Winning, which is what I write about, is one way, certainly not the only way, but one way to enhance self-respect.

            It is not my intention, within the 4 corners of each article, to explore every nuance of the given topic.  It is better, I believe, to leave some areas general and open and instead let you run with the ideas, filling in the specifics with your own experiences.  With any luck, the articles will inspire your ideas even if your ideas diverge from those I express.  Indeed, it is in the divergence that convergence is made.

            When I first got online, I saw the Net as a place to explore new ideas, ideas freed of the constraints of the old way of seeing things, an old industrial revolution mentality.  I couldn’t possibly imagine then the places it would take me and the audience that would end up reading my writing.  Given that readership I have been fortunate to develop, I would hope that these articles, as with the law articles, will find fertile soil.

            The Net is boundless and so should our exploration.  I ask then that, as you read, to keep an open mind.

            And of course I welcome all of your comments.

          You might also wish to read articles on the e-THICS link.
     

    This web site and these articles are not legal advice and are not intended as legal advice.  This web site and these articles are intended to provide only general, non-specific legal information.  This web site and these articles are not intended to cover all the issues related to the topic discussed.  The specific facts that apply to your matter may make the outcome different than would be anticipated by you.  This web site and these articles are based on United States law.  You should consult with an attorney familiar with the issues and the laws of your country.  This web site and these articles do not create any attorney client relationship between you and Ivan Hoffman. This web site and the articles contained on this web site are not solicitations.

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