This was a really interesting read for me, thank you. My specialty and biggest professional strength for a long time has been analysing risk in contracts, so I'd like to offer my thoughts on this one. :-)
You're more right than you realise in a lot of respects. Legal contracts have become something other than ethical.
I can give you many examples, the one that springs immediately to mind though is when bigger companies force smaller contractors to accept risks over which they have no control. They do this by allocating liabilities to the smaller contractor in the contract. In some contracts in Western Australia, you can even contract out of the civil liabilities act (which is intended to provide for apportionment of liability between different parties), thereby circumventing some laws altogether.
Why do we have laws? Well, supposedly it is to provide a structured framework in which we can all live and expect certain things. Behind this is supposedly a sense of ethics.
So how on earth could it be ethical to seek to contract out of obeying the law? Of course, it isn't.
So why do companies do it?
The answer is simple - risk management. By apportioning risk to others, instead of themselves, they're less likely to face lawsuits, personal injury claims etc.
It's understandable that companies want to avoid these risks to the greatest extent possible, but once you start seeking to be let off what should be your legal obligations, it's gone too far.
I wrote a very, very long article on the fair apportionment of risk in contracts, it used to be on LinkedIn but if you'd like a pdf copy let me know! It's very technical though, you might find it boring.
Nice try . Good thinking. Lack effective targeting. Poor efficiency and effectiveness. Need to recondition emotional intelligence. Suggest you try improving your intuitional intelligence.
I truly have no clue what You're saying there... I lay down as I see it. Targeting? What? Efficiency and effectiveness... Of what? What is "emotional intelligence?" Or "intutional intelligence?"
You wrote “I lay down as I see it”. That I took as you lay down as you felt. Your emotional intelligence drive. You wrote because of your intuition, I shall say. Otherwise you wrote because you are told or directed? I don’t think so. You have a good enough heart. That’s what my emotional intelligence told me. Whom ( person, group, system, country, ism?) you are targeting ? No specific, I assume. Most probably America and democratic legal system. That’s my intuitional intelligence told me.
Hope you understand what I mean.
Intuitional- pertaining to or of the nature of intuition-the ability to acquire knowledge, without recourse to conscious reasoning or needing an explanation.
I read your posts and replies to comments with emotional intelligent to sound out your heart. I respond as my intuitional intelligent dictate.
Ahhh. No, That is sort of an English way of saying "I speak the truth as I see it." But why the article got Your initial reaction is what I am trying to work out.
Yes. It's why I rejected the study of "law" so long ago and have come to appreciate that decision with every passing year. I also have no love or respect for the system or those wards that kiss the ring.
No love at all for the sycophants! Nor the whole unEthical legal/governmental system! Haha! I am humbled by Your payment of attention in reading! I am surely enriched!
Awesome; I love your stance. "I can do any Ethical thing I choose. I can collect rain water. I can decline death jabs. I can do anything I choose to Myself. And lest I break those three Laws, I will expect and demand to be left alone."
"Being left alone," is by itself a subject that I see as an important boundary that so called De Facto Authority, must take heel to. What you say here is perfect and beautiful.
This was a really interesting read for me, thank you. My specialty and biggest professional strength for a long time has been analysing risk in contracts, so I'd like to offer my thoughts on this one. :-)
You're more right than you realise in a lot of respects. Legal contracts have become something other than ethical.
I can give you many examples, the one that springs immediately to mind though is when bigger companies force smaller contractors to accept risks over which they have no control. They do this by allocating liabilities to the smaller contractor in the contract. In some contracts in Western Australia, you can even contract out of the civil liabilities act (which is intended to provide for apportionment of liability between different parties), thereby circumventing some laws altogether.
Why do we have laws? Well, supposedly it is to provide a structured framework in which we can all live and expect certain things. Behind this is supposedly a sense of ethics.
So how on earth could it be ethical to seek to contract out of obeying the law? Of course, it isn't.
So why do companies do it?
The answer is simple - risk management. By apportioning risk to others, instead of themselves, they're less likely to face lawsuits, personal injury claims etc.
It's understandable that companies want to avoid these risks to the greatest extent possible, but once you start seeking to be let off what should be your legal obligations, it's gone too far.
I wrote a very, very long article on the fair apportionment of risk in contracts, it used to be on LinkedIn but if you'd like a pdf copy let me know! It's very technical though, you might find it boring.
Nice try . Good thinking. Lack effective targeting. Poor efficiency and effectiveness. Need to recondition emotional intelligence. Suggest you try improving your intuitional intelligence.
I truly have no clue what You're saying there... I lay down as I see it. Targeting? What? Efficiency and effectiveness... Of what? What is "emotional intelligence?" Or "intutional intelligence?"
You wrote “I lay down as I see it”. That I took as you lay down as you felt. Your emotional intelligence drive. You wrote because of your intuition, I shall say. Otherwise you wrote because you are told or directed? I don’t think so. You have a good enough heart. That’s what my emotional intelligence told me. Whom ( person, group, system, country, ism?) you are targeting ? No specific, I assume. Most probably America and democratic legal system. That’s my intuitional intelligence told me.
Hope you understand what I mean.
Intuitional- pertaining to or of the nature of intuition-the ability to acquire knowledge, without recourse to conscious reasoning or needing an explanation.
I read your posts and replies to comments with emotional intelligent to sound out your heart. I respond as my intuitional intelligent dictate.
Ahhh. No, That is sort of an English way of saying "I speak the truth as I see it." But why the article got Your initial reaction is what I am trying to work out.
Why initial reaction? Suggest you work out how other's heart are for heart drive economy and business. Especially the Philanthropists'.
Um... In a heart-driven economy, philanthropy will be unneeded. What would be the point when We ALL are living as richly as We choose?
Don’t you consider how important the Philanthropists are for building heart -driven economy?
Yes. It's why I rejected the study of "law" so long ago and have come to appreciate that decision with every passing year. I also have no love or respect for the system or those wards that kiss the ring.
No love at all for the sycophants! Nor the whole unEthical legal/governmental system! Haha! I am humbled by Your payment of attention in reading! I am surely enriched!
Awesome; I love your stance. "I can do any Ethical thing I choose. I can collect rain water. I can decline death jabs. I can do anything I choose to Myself. And lest I break those three Laws, I will expect and demand to be left alone."
"Being left alone," is by itself a subject that I see as an important boundary that so called De Facto Authority, must take heel to. What you say here is perfect and beautiful.
🙏🏻💜🙏🏻 I am greatly enriched with Your payment of appreciation! Most humble thanks!
You might like this:
https://open.substack.com/pub/soberchristiangentlemanpodcast/p/s2-ep-6-the-legal-deception-the-magic?r=31s3eo&utm_campaign=post&utm_medium=web&showWelcome=true
Thanks!