7 How Ethical Decisions are Made Determining the difference between right and wrong can be difficultIndividuals use different methods to chose the right thing to do in any given situationMorality involves the values that govern a society’s attitude toward right and wrongEthics, in contrast, are the means for determining what a society’s values ought to be.
8 How Ethical Decisions are Made Throughout your life, you will face many ethical problemsAdopting a consistent ethical standard can help you with big or small moral problems
9 Feelings and OpinionsSome people base their ethical standards on whether or not the act “feels” right
10 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.
11 The Golden RuleOthers base their ethical standards on the Golden Rule, which states:“Do unto others as you would havethem do unto you.”
12 Ethical Character Traits Honesty is being open and truthful with other people.Justice is treating other people fairly and equally.Compassion is being sympathetic to the difficulties of others.Integrity is doing what is right regardless of personal consequences.
13 Describe the characteristics of justice. Answer: Treating people fairly and equally.
14 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.
15 Why Law is NecessaryLaw 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.
16 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 sometimes conflict.
17 Define LawLaw is the rules of conduct established by the government of a society to maintain stability and justice.
18 Section 1.1 Assessment Reviewing what you learned. #1, 4, 5, 6, 7Critical Thinking Activity
19 Sources of LawSection 1.2Learning how the law is made will help you make decisions regarding your legal responsibilities.
20 What You Will LearnHow to recognize the various parts of the US Constitution.How to explain the components of common lawHow to explain the purposes of statutory lawHow to identify the various ways that courts make lawHow the government makes administrative regulations
21 Legal Terms Constitution Common law Precedent Statutes Legislature UnconstitutionalAdministrative law
22 The Five Main Sources of US Law Constitutional LawCommon LawStatutory LawCourt DecisionsAdministrative RegulationsIn general. Law in the United States comes from these five sources.
23 Constitutional LawConstitution spells out the principles by which the government operates.Our country’s fundamental law is the US Constitution.Set forth the rights of citizensDefine limits the federal/state government may pass lawsDescribes the functions of the branches of governmentThere are 7 articles and 27 amendments
24 Common Law Laws were not written, judges made decisions based on TraditionDecisions of other judgesMade every effort to share the same law “in common”This practice led to the doctrine of precedentA judge is required to follow earlier decisions.In English history, judges travelled the countryside decidingThe legal system of all states except Louisiana is rooted in English common law.In English history, judges or magistrates travelled the countryside deciding cases.
25 Statutory LawStatutes 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.The Supreme Court may declare any statute the goes against the Constitution unconstitutional or invalid.Laws passed by the US Congress, state legislatures. Local city councils or town meeting are all called statutory laws.The US Constitution is the Supreme law of the land consequently, Congress may not pass laws that conflict with the US Constitution.
26 Court Decisions Court made laws are called Case lawCourt decisionsJudge-made lawDecisions made by the highest court of any state becomes the law of that state.Judicial decisions involves interpreting statutes.When a statute is confusing, incomplete or unclear it is the court’s job to figure out what the statute means.Courts also decide whether the laws are consistent with the constitution.
27 Administrative Regulations Legislature often give power to regulate a particular king of activity to an administrative agencyExamplesFCC – Federal CommunicationFAA – Federal Aeronautics AdministrationThese agencies make their own rules, enforce, investigate, and judge.Administrative law consist of those rules and procedures established by regulatory agenciesFederal, state and local legislatures sometimes find it desirable to regulate certain kinds of activities.although regulatory agencies are constitutional. There are checks and balances on their power. The legislature that created them has the power to change it powers or eliminate the agency altogether.Any final decision by an agency can be reviewed by the courts.
28 Section 1.2 Assessment Reviewing What You Learned Critically Thinking Activity
29 Chapter Summary Ethical decisions can be made by relying on: Opinions and feelingsApplying the greatest good principle, andFollowing the golden rule.Four ethical character traits areHonestyJusticeCompassion, andIntegrityA decision made by applying the greatest good principle leads to an action that will create the greatest good for the greatest number of people. Although using this principle may make many people happy, applying it does not always bring about ethical actions.The golden rule is traditionally associated with Christianity. Applying the golden rule leads to an ethical decision much of the time because it requires a person to put the interest of others ahead of personal interests.Honesty is the ability to be open and truthful in dealing with othersA person is said to be just if he treats people fairly and equallyA person displays compassion when he is sympathetic to the difficulties of othersIntegrity refers to a person’s refusal to compromise his or her values, regardless of consequences.
30 Chapter SummaryEthics 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 behaviorLaw 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.
31 Chapter SummaryA 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.Statutory law consist of rules of conduct established by the government of a society to maintain stability.The Constitution consist of 7 articles and 27 amendments enumerates the fundamental rights of citizens. It also defines the limits within the federal government may pass laws
32 Chapter SummaryCourts 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.Legislatures from regulatory agencies, which have wide-ranging powers to create, enforce, and adjudicate rules and proceduresThe body that formed the agency has the power to terminate that agency.