Law Ethics and Morality
Professional boards and organizations have written codes which hold members to a higher standard than the law imposes- ethics codes
Violation can lead to revocation of license, suspension of rights to practice, censure, or penalties
Organization size, individual anonymity, and specialty labor contribute to ethical lapses
Law Ethics and Morality
Law- constitution, statutes, regulations, codes, cases
Ethics- systems of acceptable behavior adopted by a group or profession
Morality- system of acceptable behavior adopted by a particular person
People of common morality often join together in forming community
Law Ethics and Morality
Common moralities and values lead to development of culture by people living in close proximity
Culture creates a shared ethical system
Laws evolve from the ethical system when the culture forms a government or other enforcement system
Law Ethics and Morality
Values- judgements about “good and bad” relating to worth of behaviors.
Cultural values can vary.
Moral equivalence is subject of argument
Look for common social goods such as equity, equality, justice, fairness, quality of living, civil interactions, etc.
Law Ethics and Morality
Objective theories reject moral equivalence- believe there is a right and a wrong way to live
Most religious value systems are objective
Subjective theories state you can’t judge another culture
Law Ethics and Morality
Subjective theories
Nihilism- no right or wrong, therefore no basis to judge and no standards
Subjectivism- truth is internalized, only the individual can know what is right for them
Relativism- ethics depend on the cultural practices of the people following the ethical systems
Law Ethics and Morality
Most professional ethics systems are objective
Professional ethics are usually codified
(NSPE code for engineers, AMA code for medical professionals, CPA code, etc.)
Applications of ethics are more general and informal (e.g. business ethics, animal rights)
Law Ethics and Morality
Decision Rules depend on the ethical system being followed-
Utilitarianism (British)- greatest good for the greatest number
Deontology (German)- follow the right rule or duty
{Kant’s Categorical Imperative}
Justice (Rawls, French influence) - choose the action which least harms the worst-off person affected by the decision
Teleology (Aristotle and the Greeks)- the right ethical choice depends on the end you seek
Law Ethics and Morality
Ignorance, greed, need, cost of getting caught, mental state, family influence, religiosity, social status, education, situation pressure, manager oversight and gender all influence ethical choices
Women frequently use and “Ethics of
Caring”- Carol Gilligan- centered more on relationships than outcomes
Law Ethics and Morality
International ethics is very complicated
Foreign Corrupt Practice Act- illegal to bribe foreign officials, but bribes can be hard to define
Extraterritoriality- laws in one country are applied to citizens of another
Home and Host- companies must obey the laws of the home country and the laws of the host country- can cause conflicts
Western ethics value the individual and their role in promoting the “good society” more than most other cultures