CHAPTER ONE
ETHICS AND MORALITY
WHAT ARE ETHICS AND
MORALITY??
• MORALITY-VALUES THAT
GOVERN RIGHT AND WRONG
• ETHICS-RULES USED TO
DETERMINE THE DIFFERENCE
BETWEEN RIGHT AND WRONG
HOW DO WE ACQUIRE
THESE MORALS?
WHERE DO YOU THINK
THESE VALUES HAVE COME
FROM FOR YOU?
THE THREE
ETHICAL
RULES….
(How Ethical Decisions
are Made)
THE
GREATEST
GOOD
WILL THE ACTION
CAUSE THE GREATEST
GOOD FOR THE
GREATEST NUMBER
OF PEOPLE?
THE MORE GOOD
THAT RESULTS, THE
MORE RIGHT THE
ACTION
SHOULD NOT BE USED
TO DETERMINE THE
GOOD OF ONLY
YOURSELF OR A SMALL
GROUP OF PEOPLE
CAN YOU THINK OF
ANY EXAMPLES
WHERE THIS ETHICAL
RULE COULD BE
APPLIED?
THE
GOLDEN
RULE
“DO UNTO OTHERS AS
YOU WOULD HAVE
THEM DO UNTO YOU”
THE HEART OF THE
GOLDEN RULE IS---EMPATHY
EMPATHY MEANS
PUTTING YOURSELF
IN ANOTHER
PERSON’S POSITION
HOW DO YOU TEST
WHETHER AN ACTION
IS RIGHT OR WRONG
UNDER THE GOLDEN
RULE?
ASK YOURSELF,
“WOULD I WANT TO BE
TREATED THIS WAY?”
If your answer is , then
the action breaks the
Golden Rule
HAVE YOU WITNESSED
ANY SITUATIONS
WHERE THIS COULD
APPLY?
REAL-WORLD
ETHICS
THERE ARE MORAL
RULES THAT MOST
PEOPLE KNOW
INSTINCTIVELY,
WITHOUT THINKING
EXAMPLE—
LYING IS WRONG
BUT UNDER THIS RULE,
THERE MAY BE RARE
OCCASIONS THAT A
PERSON MAY HAVE TO LIE
LYING MAY BE
ALLOWABLE IF IT IS
GOING TO SAVE A
PERSON’S LIFE, FOR
EXAMPLE
THIS DOES NOT MEAN WHAT
YOU HAVE DONE IS RIGHT,
IT MEANS THAT WHAT YOU
HAVE DONE IS LESS WRONG
IN A PARTICULAR
SITUATION
IF YOU LIE TO SAVE A
LIFE, YOU KNOW THAT
THE LIE IS WRONG, BUT
YOU ALSO KNOW THAT IT
IS LESS WRONG THAN
SAYING SOMETHING THAT
LEADS TO SOMEONE’S
DEATH
HAVE ANY OF YOU
EVER BEEN IN A
SITUATION WHERE
YOU HAVE HAD TO
APPLY THIS RULE?
Hammurabi’s Code
•
•
•
•
•
6th king of Babylon
300 laws created in 1780 B.C.
Set rules & punishments
Innocent until proven guilty
Examples: caught stealing = killed
in debt/cannot pay = sell himself
or family into labor for 3 years
Ethical Character Traits
• Honesty – truthful
• Justice – treating people fairly & equally
• Compassion – caring, understanding
• Integrity – willingness to do the right thing,
stand up for your convictions
Relationship Between Ethics & Law
• Why is law necessary?
– Ethics tell you what you should do
– Need laws because people don’t always do
what they should
• Law – definition has two parts
– Rules of conduct
– Maintain stability & justice in society
• Ethical and Legal Conflicts
– Ethics and law affect each other
– Changes in ethics—make new laws, get rid of
old laws
– Examples: abortion, segregation, gun control,
women’s rights
Five Main Sources of
Today’s Law
1. Constitutional Law
– A country’s formal document that
spells out the principles by which
its government operates
– In our country, the most basic law
is the U. S. Constitution
U.S. Constitution (broad, basic)
–Describes 3 branches of government
–Sets limits when passing laws
–Sets rights of the people
–7 Articles, 27 Amendments
–Bill of Rights—first 10 amendments
• Protects our rights and freedoms
• State Constitutions
–Each state has its own
–Not the same as U.S.
–Longer & more detailed
–Cannot conflict with
U.S. constitution
Five Main Sources of
Today’s Law, con’t.
2. Common Law
• Laws made by courts which provide
consistent rules that later courts
must follow
• Based on English court system
• Precedent –past case a court follows
when making a present decision
• Stare decisis “let the decision stand”
Five Main Sources of
Today’s Law, con’t.
3. Statutes & Civil Law
• Law today is based on statutes
• Statute–a law passed by a
government body created for the
purpose of creating laws
• State law cannot conflict with U.S.
constitution
• Law declared unconstitutional or invalid if it
goes against U.S. Constitution
• Legislature – pass laws on state/federal levels
• Local government – city council
• Ordinances—laws created for city or town
• Tell people to do or not to do something
• Examples: wear seatbelt, pay taxes, criminal
statutes outline crimes, parking
fines, noxious weed control
Five Main Sources of
Today’s Law, con’t.
4. Court Decisions
• Court-made law
• Called case law, court decisions, and
judge-made law
Courts make law
three ways----
1. Common Law Tradition—
Decisions made by the highest court
of a state are the law of that state
**These decisions must be followed
by other state courts
**Continue to be law until changed by
statute or a new court decision
2. Interpreting Laws—
Interpreting Statutes
If a Statute is confusing, the
court figures out what the
statute means
**A judge cannot interpret a
statute unless the statute is part
of a case**
3. Judicial Review—
Courts decide whether laws conflict
with the constitution
**Any laws or government actions that
conflict with the Constitution are
unconstitutional**
*The Supreme Court of the US has final
word on whether a statute conflicts with
the Constitution*
Five Main Sources of
Today’s Law, con’t.
5. Administrative Regulations
• Departments of government to carry
out certain laws
• Administrative Law - body of rules
created by government agencies
• Have a lot of power
• Final decision of agency can be
reviewed by court
• Administrative Agencies (examples)
• OSHA – Occupational Safety & Health Administration
• DEA – Drug Enforcement Agency
• FDA – Food & Drug Administration
• FDIC – Federal Deposit Insurance Corporation
• ATF – Alcohol, Tobacco, & Firearms
• http://www.icsd.k12.ny.us/highschool/library/fedreg.html