Ethics and the Law

advertisement
Ethics and the Law
Chapter 1
A Debate about Ethics
Characters:
Mrs. Martinez………….Ms. Walton
Thai ………………………Jacoy
Jamila ……………………Ironisha
Felicia
Peggy……………………..Kerisha
Daniel ……………………Jacoy
Page 5
Defining Ethics
Section 1.1
What You Will Learn




How ethical decisions are made
When to apply the greatest good principle
When to apply the golden rule principle
How to explain the nature of ethical
character traits
What You Will Learn



When law relates to ethics
How to explain the importance of law
How ethics and the law might sometime
conflict
Legal Terms







Morality
Ethics
Honesty
Justice
Compassion
Integrity
Law
How Ethical Decisions are
Made




Determining the difference between right
and wrong can be difficult
Individuals use different methods to chose
the right thing to do in any given situation
Morality involves the values that govern a
society’s attitude toward right and wrong
Ethics, in contrast, are the means for
determining what a society’s values ought to
be.
How Ethical Decisions are
Made


Throughout your life, you will face many
ethical problems
Adopting a consistent ethical standard can
help you with big or small moral problems
Feelings and Opinions

Some people base their ethical standards
on whether or not the act “feels” right
The Greatest Good

Some people feel that an action that
creates the greatest good for the greatest
number of people is a sound basis for
making ethical decisions.
The Golden Rule

Others base their ethical standards on the
Golden Rule, which states:
“Do unto others as you would have
them do unto you.”
Ethical Character Traits




Honesty is being open and truthful with
other people.
Justice is treating other people fairly and
equally.
Compassion is being sympathetic to the
difficulties of others.
Integrity is doing what is right regardless
of personal consequences.
Describe the characteristics of justice.
The Relationship Between
Ethics and Law
If everyone made the same ethical decisions
with the same results, there would be no
need for law. In the real world, however,
some people engage in conduct that most
people agree is wrong.
Why Law is Necessary


Law is the system of rules of conduct
established by the government of a
society to maintain stability and justice.
Law defines the legal rights and duties of
the people and provides the means of
enforcing these rights and duties.
Ethics and Legal Conflicts



Because law is made by people, it is
imperfect.
Legislators and judges bring their own
personal opinions on ethics to the
lawmaking process.
As a result, ethics and law will sometimes
conflict.
Define Law
Section 1.1 Assessment

Reviewing what you learned.


#1, 4, 5, 6, 7
Critical Thinking Activity
Sources of Law
Section 1.2
What You Will Learn





How to recognize the various parts of the US
Constitution.
How to explain the components of common
law
How to explain the purposes of statutory law
How to identify the various ways that courts
make law
How the government makes administrative
regulations
Legal Terms







Constitution
Common law
Precedent
Statutes
Legislature
Unconstitutional
Administrative law
The Five Main Sources of
US Law





Constitutional Law
Common Law
Statutory Law
Court Decisions
Administrative Regulations
Constitutional Law


Constitution spells out the principles by which
the government operates.
Our country’s fundamental law is the US
Constitution.




Set forth the rights of citizens
Define limits the federal/state government may pass
laws
Describes the functions of the branches of
government
There are 7 articles and 27 amendments
Common Law

Laws were not written, judges made
decisions based on




Tradition
Decisions of other judges
Made every effort to share the same law “in
common”
This practice led to the doctrine of
precedent

A judge is required to follow earlier decisions.
Statutory Law



Statutes are laws specifically passed by a
governing body that has been created for
the purpose of making laws.
Legislature – body of lawmakers that
has the job of creating statutory law.
The Supreme Court may declare any
statute the goes against the Constitution
unconstitutional or invalid.
Court Decisions

Court made laws are called





Case law
Court decisions
Judge-made law
Decisions made by the highest court of
any state becomes the law of that state.
Judicial decisions involves interpreting
statutes.
Administrative Regulations

Legislature often give power to regulate a
particular king of activity to an administrative
agency

Examples




FCC – Federal Communication
FAA – Federal Aeronautics Administration
These agencies make their own rules, enforce,
investigate, and judge.
Administrative law consist of those rules and
procedures established by regulatory agencies
Section 1.2 Assessment

Reviewing What You Learned

Critically Thinking Activity
Chapter Summary

Ethical decisions can be made by relying on:




Opinions and feelings
Applying the greatest good principle, and
Following the golden rule.
Four ethical character traits are




Honesty
Justice
Compassion, and
Integrity
Chapter Summary



Ethics tell us what we should do, it may be
subjective. People do not always do what
they should do, so laws are defined providing
an objective standard of behavior
Law is important because society needs a
system of rules to maintain stability and
peace.
Ethics and the law can conflict in a variety of
circumstances. Professional ethics are not
always consistent with the rule of law.
Chapter Summary



A country’s constitution spells out the
principles by which the government operates.
Common law originates in England. The
doctrine of precedent is used to analogize or
distinguish a case at hand from a previous
case.
Statutory law consist of rules of conduct
established by the government of a society to
maintain stability.
Chapter Summary

Courts make laws through the common law
tradition, by interpreting statutes, and by
deciding issues of constitutionality.


Decisions made by the highest court of any state
becomes the law of that state.
Legislatures from regulatory agencies, which
have wide-ranging powers to create, enforce,
and adjudicate rules and procedures

The body that formed the agency has the power
to terminate that agency.
Download