CHAPTER 1

Ethics and Law

The Spirit of the Law

What is the difference between right vs. wrong

How do distinguish right from wrong?Does following the law mean you are being

ethical?

Vocab

Morality – involves the values that govern a society’s attitude toward right and wrong.

Ethics – attempts to develop the means for determining what those values should be.

How Ethical Decisions are Made

Ethical decisions are usually made using 3 different types of concepts.

Feelings and OpinionsThe Greatest GoodThe Golden Rule

Feelings and Opinions

Decision making process in which: Ethics are based on changing feeling and opinions Popular in the United States

Our nation was founded on tradition of tolerance We encourage free exchange of ideas, feeling and

opinions We have many different cultures in our country With different cultures you have different ethical

values

http://www.scu.edu/ethics/practicing/decision/ethicalrelativism.html

The Greatest Good

Decision making process in which: People make decision that effects the most people

positively Example: I would choose to turn off the AC in this class

because 8 out of 10 of you want it turned off. Too bad for the other 2.

The more good that results the less ethical the action. Some people use this because it is a natural way to

make decisions. Example: Iraq War.

The Golden Rule

“Do unto others as you would have them do unto you”

Decision making process in which: This rule is very popular world wide Rule is linked with religion (Christianity, Buddhism)

“Hurt not other with that which pains thyself” Empathy – means putting yourself in the other

persons position. Ask yourself… “Would I like to be treated this way?” Can be difficult to understand

Assignment

Open a WORD documentCreate 3 separate scenarios that depict the 3

different decision making processes. Explain why each scenario goes with the decision

making process

You will print off your document and turn it into me for credit.

This assignment is worth 15 pts.

The Relationship Between Ethics and Law

Do we need law?

Why do we need law?

What would Woodland Hills High School be like without law/rules?

Why Law is Necessary

Ethics tell us what to do.People do not always follow ethics

Law – Consists of rules of conduct established by the government of a society to maintain stability and justice in that society.

It provides legal rights and duties of the people It provides mean for enforcing these laws

Law enforcement agencies Courts Legislatures Regulatory Bodies

Ethical and Legal Conflicts

Law is made by people so it is imperfect

Read Example 10 (pg. 11)

Is Clark in the right to refuse to identify his source in court?

Law Come From Different Sources

Sources of Today’s Laws:

Federal and State Constitutions English Common Law Statutes Court Decisions Administrative Law

Federal and State Constitutions

U.S. Constitution Broad and basic foundation of laws for a country Sets fundamental rights of citizens Defines limits how federal and state governments can

pass laws US Constitution contains the 10 amendments

Today there are 26 amendments

State Constitution Similar to US Constitution but not identical Contain more detailed law pertinent to that specific

state

Common Law

US legal system rooted in English Law (except Louisiana) Early American Colonist were from England

Read second paragraph under Common Law on pg. 14 of text

Precedent – a body of cases allowing judges to refer to past cases in making their decisions

Statutes or Statutory Law

Statutes – are laws specifically passed by a governing body created for that purpose Ex: City ordinances or Town Bylaws

Shoveling sidewalks when it snows Taking out your trash

Legislature – body of lawmakers which has the job of creating or passing law

State Statutes – law passed by that specific state

Federal Statutes – law passed by our federal government

Court Decisions

Courts can make lawsCourt made law is referred to as case lawCourts make law through common law

traditionWhen the highest court in a State or Federal

government rule on a case it becomes law Ex: Brown vs. Board of Education Case was deemed unconstitutional

Unconstitutional – is not in coherance of our constitution and make that law no longer valid

Administrative Regulations

Administrative Law – consists of those rules and procedures established by regulatory agencies

What can they do? Make their own rules Enforce their rules Investigate violations of their rules Decide guilt or innocence of who breaks their rules

Example: Pittsburgh Parking