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Ethics and the Law. Defining Ethics What You Will Learn How ethical decisions are made How ethical decisions are made When to apply the greatest good.

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Presentation on theme: "Ethics and the Law. Defining Ethics What You Will Learn How ethical decisions are made How ethical decisions are made When to apply the greatest good."— Presentation transcript:

1 Ethics and the Law

2 Defining Ethics

3 What You Will Learn How ethical decisions are made How ethical decisions are made When to apply the greatest good principle When to apply the greatest good principle When to apply the golden rule principle When to apply the golden rule principle How to explain the nature of ethical character traits How to explain the nature of ethical character traits

4 What You Will Learn When law relates to ethics When law relates to ethics How to explain the importance of law How to explain the importance of law How ethics and the law might sometime conflict How ethics and the law might sometime conflict

5 Legal Terms Morality Ethics Honesty Justice Compassion Integrity Law

6 How Ethical Decisions are Made Determining the difference between right and wrong can be difficult 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 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 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. Ethics, in contrast, are the means for determining what a society’s values ought to be.

7 How Ethical Decisions are Made Throughout your life, you will face many ethical problems Throughout your life, you will face many ethical problems Adopting a consistent ethical standard can help you with big or small moral problems Adopting a consistent ethical standard can help you with big or small moral problems

8 Feelings and Opinions Some people base their ethical standards on whether or not the act “feels” right Some people base their ethical standards on whether or not the act “feels” right

9 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. 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.

10 The Golden Rule Others base their ethical standards on the Golden Rule, which states: Others base their ethical standards on the Golden Rule, which states: “Do unto others as you would have them do unto you.”

11 Ethical Character Traits Honesty is being open and truthful with other people. Honesty is being open and truthful with other people. Justice is treating other people fairly and equally. Justice is treating other people fairly and equally. Compassion is being sympathetic to the difficulties of others. Compassion is being sympathetic to the difficulties of others. Integrity is doing what is right regardless of personal consequences. Integrity is doing what is right regardless of personal consequences.

12 Describe the characteristics of justice.

13 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.

14 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 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. Law defines the legal rights and duties of the people and provides the means of enforcing these rights and duties.

15 Ethics and Legal Conflicts Because law is made by people, it is imperfect. Because law is made by people, it is imperfect. Legislators and judges bring their own personal opinions on ethics to the lawmaking process. Legislators and judges bring their own personal opinions on ethics to the lawmaking process. As a result, ethics and law will sometimes conflict. As a result, ethics and law will sometimes conflict.

16 Define Law

17 Sources of Law

18 What You Will Learn How to recognize the various parts of the US Constitution. How to recognize the various parts of the US Constitution. How to explain the components of common law How to explain the components of common law How to explain the purposes of statutory law How to explain the purposes of statutory law How to identify the various ways that courts make law How to identify the various ways that courts make law How the government makes administrative regulations How the government makes administrative regulations

19 Legal Terms Constitution Common law Precedent Statutes Legislature Unconstitutional Administrative law

20 The Five Main Sources of US Law Constitutional Law Constitutional Law Common Law Common Law Statutory Law Statutory Law Court Decisions Court Decisions Administrative Regulations Administrative Regulations

21 Constitutional Law Constitution spells out the principles by which the government operates. Constitution spells out the principles by which the government operates. Our country’s fundamental law is the US Constitution. Our country’s fundamental law is the US Constitution. Set forth the rights of citizens Set forth the rights of citizens Define limits the federal/state government may pass laws Define limits the federal/state government may pass laws Describes the functions of the branches of government Describes the functions of the branches of government There are 7 articles and 27 amendments There are 7 articles and 27 amendments

22 Common Law Laws were not written, judges made decisions based on Laws were not written, judges made decisions based on Tradition Tradition Decisions of other judges Decisions of other judges Made every effort to share the same law “in common” Made every effort to share the same law “in common” This practice led to the doctrine of precedent This practice led to the doctrine of precedent A judge is required to follow earlier decisions. A judge is required to follow earlier decisions.

23 Statutory Law Statutes are laws specifically passed by a governing body that has been created for the purpose of making laws. 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. 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. The Supreme Court may declare any statute the goes against the Constitution unconstitutional or invalid.

24 Court Decisions Court made laws are called Court made laws are called Case law Case law Court decisions Court decisions Judge-made law Judge-made law Decisions made by the highest court of any state becomes the law of that state. Decisions made by the highest court of any state becomes the law of that state. Judicial decisions involves interpreting statutes. Judicial decisions involves interpreting statutes.

25 Administrative Regulations Legislature often give power to regulate a particular king of activity to an administrative agency Legislature often give power to regulate a particular king of activity to an administrative agency Examples Examples FCC – Federal Communication FCC – Federal Communication FAA – Federal Aeronautics Administration FAA – Federal Aeronautics Administration These agencies make their own rules, enforce, investigate, and judge. These agencies make their own rules, enforce, investigate, and judge. Administrative law consist of those rules and procedures established by regulatory agencies Administrative law consist of those rules and procedures established by regulatory agencies

26 Summary Ethical decisions can be made by relying on: Ethical decisions can be made by relying on: Opinions and feelings Opinions and feelings Applying the greatest good principle, and Applying the greatest good principle, and Following the golden rule. Following the golden rule. Four ethical character traits are Four ethical character traits are Honesty Honesty Justice Justice Compassion, and Compassion, and Integrity Integrity

27 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 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. 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. Ethics and the law can conflict in a variety of circumstances. Professional ethics are not always consistent with the rule of law.

28 Summary A country’s constitution spells out the principles by which the government operates. 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. 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. Statutory law consist of rules of conduct established by the government of a society to maintain stability.

29 Summary Courts make laws through the common law tradition, by interpreting statutes, and by deciding issues of constitutionality. 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. 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 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. The body that formed the agency has the power to terminate that agency.


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