2 Chapter 1 Ethics and Law Section 1.1 Defining Ethics Section 1.2 Sources of Law
3 Why It’s ImportantLearning how to apply ethical principles will help you make ethical decisions.
4 Pre-Learning Question How do you make ethical decisions?
5 How Ethical Decisions Are Made Determining the difference between right and wrong can be difficult.Individuals use different methods to choose the right thing to do in any given situation.
6 How Ethical Decisions Are Made 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.
7 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.
8 Feelings and OpinionsSome people base their ethical standards on whether or not the act “feels” right.
9 The Greatest GoodSome people feel that an action that creates the greatest good for the greatest number of people is a sound basis for making ethical decisions.Example 2 – page 7
10 The Golden RuleOthers base their ethical standards on the Golden Rule, which states:“Do unto others as you would have them do unto you.”The heart of the Golden Rule isEMPATHY
11 Ethical Character Traits Honesty is being open and truthful with other people.Justice is treating other people fairly and equally.
12 Ethical Character Traits Compassion is being sympathetic to the difficulties of others.Integrity is doing what is right regardless of personal consequences.
15 Pre-Learning Question How do you think ethics relates to law?
16 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.
17 Why Law Is NecessaryLaw is the system of rules of conduct established by the government of a society to maintain stability and justice.
18 Why Law Is NecessaryLaw defines the legal rights and duties of the people and provides the means of enforcing these rights and duties.
19 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 sometime conflict.Example: Obey the Ethics of journalism by refusing to identify the source of the story, however refused toobey the legal order of a judge to identify the source.
23 Why It’s ImportantLearning how the law is made will help you make decisions regarding your legal responsibilities.
24 Section Outline The Five Main Sources of U.S. Law Constitutional Law Common LawStatutory LawCourt DecisionsAdministrative Regulations
25 Constitutional LawA country’s constitution spells out the principles by which the government operates.In our country, the most fundamental law is the U.S. Constitution
26 The U. S. Constitution sets forth the fundamental rights of citizens defines the limits within which the federal and state governments may pass lawsdescribes the functions of different branches and divisions of our national government
27 The U. S. Constitution consists of 7 articles and 27 amendments the articles establish the national governmentthe amendments outline the rights of the peopleThe constitution was ratified in 1787 (Articles of Confederation and US Constitution)
28 The Articles of the Constitution 1.2The Articles of the Constitutionof the United States, in order to form…Article I. The Legislative BranchArticle II. The Executive BranchArticle III. The Judicial BranchArticle IV. Relations Among StatesArticle V. The Amending ProcessArticle VI. National SupremacyArticle VII. The Ratification of theConstitutionLook at Figure 1.3 on page 15
29 Amendments First 10 are called Bill of Rights limit the power of the governmentThe basic purpose is to protect two kinds of rights.rights of individual libertyrights of persons accused of crimesThe other 17 amendments are revisions made to the constitution.
30 State Constitutions Each state has its own constitution Not identical to the federal ConstitutionCan be more protective, narrow, and more restrictive
31 Common LawIn the early days of English history, judges traveled in circuits around England deciding cases.Because there was no written law, judges made decisions based on customs and traditions.
32 Common Law Judges shared their decisions with other judges. They tried to share the same law “in common” with everyone else throughout the country.This practice formed the basis of common law.
33 PrecedentCommon law led to the doctrine of precedent, which means a judge is required to follow an earlier court decision when deciding a case with similar circumstances.Stare decisis means “let the decision stand.”
34 PrecedentWhat rules are established in your home because it follows a precedent?What “laws” exist between parents and children?
35 How many amendments are there to the U.S. Constitution?
37 Statutory LawStatutes are laws specifically passed by a governing body, such as the U.S. Congress, state legislatures, and city councils.
38 Statutory LawA statute may order people to do something, such as pay taxes or sign up for the military draft.Or a statute may forbid people from doing something, such as discriminating in employment.
39 Statutory LawFederal statutes are laws passed by Congress and signed by the president.State statues are laws passed by a state’s own legislature, or body of lawmakers.
40 Statutory LawFederal and state statutes cannot conflict with the U.S. Constitution, or they may be ruled unconstitutional, or invalid by the Supreme Court.
41 Court Decisions Courts make laws in three ways: through common-law traditionby interpreting statutesby judicial review
42 Administrative Regulations Legislatures often give the power to regulate a particular kind of activity to an administrative, or regulatory, agency. (i.e. FCC, FDA, FTC)Administrative law consists of those rules and procedures established by regulatory agencies.
43 Sunflower City passed an ordinance that requires all commercial signage to incorporate a sunflower into the design. What is the source of this law?