Oliver Wendell Holmes states that justice is subjective and changes according to the viewer's prejudice, viewpoint or social affiliation. But a set of rules is needed to make society function and these rules must be carried out. This philosophy of law applies to Ann Hopkins' case. The senior partner and admissions committee had the prerogative of setting out the rules with which partners should be selected. Their sense of justice was personal and subjective. A charge of sex discrimination could not be entered against them. They comprised the selection board, which could decide on the rules or laws of selection of partners. And when a consensus was reached among them, a law was also formed, according to St. Thomas Aquinas' philosophy about the law necessarily being the product of consensus.
Case # 3 Ashland Oil, Inc.: Trouble at Floreffe
Ashland Oil, Inc. was the 60th largest company in the U.S. And the U.S.' largest independent oil refiner, which employed more than 42,000 people worldwide and had a refining capacity of 346,000 barrels of oil daily (Delehunt 1990). It produced a range of petroleum products sold to resellers and consumers in the East, South and Upper Midwest and ran SuperAmerica, a chain of more than 450 combined gasoline and convenience stores. But as it rapidly grew and diversified, it also tarnished its public image. It was reprimanded and fined by the Securities and Exchange Commission for illegal political contributions and for rigging construction bids in the Southeast. It also made questionable payments to Middle Eastern middlemen and the Belzberg family that took over it was later on charged with violations to federal disclosure laws. Most importantly, the company's 4-million-gallon storage tank at the Floreffe terminal outside Pittsburgh, Pennsylvania collapsed while being filled on January 2, 1988 and released a 3.9-million-gallon spill into the surrounding properties. In the evening, close to 3 quarters of a million gallons of oil had spilled into the Monongahela River and threatened the water supply of communities in Pennsylvania, Ohio, and West Virginia. The chairman of the board of the Company knew he had a major environmental problem before him. When the newspaper began...
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