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 Opinions The Greatest Good The 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  sm.html sm.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 document Create 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 laws Court made law is referred to as case law Courts make law through common law tradition When 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