Ch 1: Laws and Their Ethical Foundations Part 2: Ethics in Our Laws

Why was this picture chosen for the Ethics section of the Chapter? http://www.lawyers-online.us/images/law_statue.jpg

A Question of Ethics Sharon is knowledgeable about tax laws and how the Internal Revenue Service (IRS) audits tax returns. She knows a way to cheat on her tax return that would save her almost $2,000. She thinks her chance of being caught is about one in 1,000. Would it be ethical for Sharon to prepare her tax return in this way? Why or why not?

Two Forms of Ethical Reasoning Consequential Reasoning Deontological Reasoning http://1.bp.blogspot.com

Consequential Reasoning Definition: Rightness and wrongness is based only on the consequences or the result of the action General Example: Lying usually produces a bad consequence http://spinspotter.files.wordpress.com/2009/01/truth-consequences-500.jpg

Deontological Reasoning Definition: Acts are inherently right or wrong and good consequences can not justify wrong or bad acts Example: Lying is inherently wrong Two ways to make your decision: You make your decision based on an authority (law or religion) Example: It is written in the bible that lying is wrong You make your decision based on reasoning Universalizing is a mental test where you apply the ethical decision to the world Example: Imagine a world where everybody lied

Ethical Dilemmas For most circumstances these two forms of moral reasoning reach the same conclusion – as with our example of lying However, when these two types of reasoning conflict, this is when we face the most difficult moral decisions Examples: IRS fraud Lying to prevent someone’s feelings from being hurt

Consequential Ethics Reflected in Our Laws Our system of government is grounded in majority rule Laws are judged to be right or good when they effect the majority of the people positively The federal lawmaking system provides the greatest good for the greatest number Therefore, a good legal decision = good consequences Example: Picking up dog poo at parks

Deontological Ethics Reflected in Our Laws Example: Obtaining a search warrant before searching property Enslaving a minority for the good of the majority.

Are we ever ethically justified in violating the law? In the early 1960’s, Martian Luther King, Jr., wanted to lead a march into Birmingham, Alabama, to protest racial segregation in that city. When he applied for a parade permit, his request was denied. Dr. King, knowing that his conduct was illegal, led the non-violent march anyway. He was at the front of the line and allowed himself to be arrested, although he could have easily escaped. He went to jail. Community leaders were highly critical of Dr. King because he had violated the law. In response, he wrote a famous letter attacking segregation laws as being inconsistent with deontological and consequential ethical reasoning. Is there an ethical justification for Dr. King’s violation of the law? http://media.commercialappeal.com/mca/content/img/photos/

Are we ever ethically justified in violating the law? Dr. King’s march in Alabama was an act of civil disobedience Civil Disobedience: An open, peaceful, violation of a law to protest its alleged injustice http://myhero.com/images/guest/