ETHICS IN OUR LAWChapter 2

Hot Debate - Page 18

1. Should Julian inform the INS of Achmed’s whereabouts? If so, Why?

2. What are the reasons in favor of Julian not informing the INS?

What’s Your Verdict?

Has Jane made an ethical decision? Why or why not

What’s Your Verdict?

Jane made a decision based on emotion when she thought, “it just felt so good….”

Ethics

Ethics is deciding, what is right or wrong in a reasoned, impartial manner.

3 Important Elements 1. Decision about a right or wrong

action2. Decision is reasoned3. Decision is impartial

Decision About a Right or Wrong Action

To involve ethics, a decision must affect you or others in some significant way.

Many of your decisions have little effect on other people. Example, the jeans you buy

Ethical decision example: Your decision to discontinue medical support for an unconscious, terminally ill relative.

http://en.wikipedia.org/wiki/Terri_Schiavo_case

Reasoned Decisions

Our emotions guide our decisions, our feeling direct our actions.

To make ethical decisions we must usually base our decision on REASON, not EMOTION.

EXAMPLE: A person might reason, “I believe that God is the source of the Bible and the Bible tells me not to lie. Therefore, it would be wrong, or unethical, for me to lie.”

Impartial Decisions

Impartiality is the idea that the same ethical standards are applied to everyone.

If it’s wrong for you, then it’s wrong for me. EQUALITY

Impartiality requires that in making ethical decisions, we balance our self-interest with the interest of others.

In order to do this, we must learn to recognize the interest of others.

Impartial Decisions Example

Hitting someone in the parking lot Stealing a pair of jeans

EXCUSES They have insurance

I can’t afford it, but they can No one will know I did it

No one was injured

Business Ethics

Business ethics are the ethical principles used in making business decisions.

All to often, ethics are not considered when business decisions are made

WHY?

PROFIT MAXIMIZATION

What’s Your Verdict? – Page 22

Bell Ringer:

How can Tab evaluate the ethical character of his action?

Basic Forms of Ethical Reasoning

Ethical reasoning about right and wrong takes two basic forms.

1. Based on consequences: rightness or wrongness is based only on the results of the action. Example: An act that produces good consequences is good, and an act that produces bad consequences is bad.

2. Based on ethical rules: acts are either right or wrong. Example: telling the truth is always right and lying is always wrong.

Basic Forms of Ethical Reasoning

In rule based ethics, good consequences do not justify wrong or bad acts.

Example: You cannot justify lying by showing that it produces good consequences. Do I look fat in these jeans?

For almost all ethical decisions, these two forms of reasoning reach the same conclusion.

Consequence Based Reasoning VS.

Rule Based Ethics Consequence-based reasoning

recognizes that lying usually produces bad consequences.

Rule based ethics says that lying is always wrong.

3 Steps in Ethical Reasoning Based on Consequences

1. Describe Alternative Actions

2. Forecast Consequences3. Evaluate Consequences

Describe Alternative Actions

First, alternative actions that would improve things should be described.

What’s Your Verdict: What might Tab consider?

What might Tab consider?

1. Building the fence on the neighbor’s property without telling them.

OR

2. Offering to buy a one-foot strip of the neighbor’s property.

In order to decide what’s the best action to take, he must describe his alternatives in order to evaluate them.

Forecast Consequences

Second, the consequences flowing from each alternative must be described.

This requires looking into the future.

What might Tab forecast?

1. “If I build the fence one-foot inside my neighbor’s property, they probably wouldn’t notice.”

OR2. “If they discover that the fence was built

on their property, they will probably make me pay for the one-foot strip of property instead of making me tear it down.”

OR3. “They could make me tear down the

fence.”

Evaluate Consequences

The consequences for each alternative must be evaluated.

2 Elements in the Evaluation Process1. Selecting the standard for judging

consequences as right or wrong.2. Counting the people affected.

Evaluate Consequences

Philosophers usually call the standard for judging right or wrong The Good.

The Good is the primary goal towards which human life should be directed.

The Good involves alternative basic goals such as love, truth, justice, and pleasure.

Tab must choose a goal in which to evaluate the alternative actions.

Look at PLEASURE: For each alternative we must determine how many people will be positively and negatively affected.

If Tab builds on the neighbor’s property without telling them, then only his pleasure has increased. Making it ethically WRONG.

If he buys the strip of land then it cost him the price paid for the land, but he benefits from the land. The neighbors lose the land, but benefit from the money. Making it ethically RIGHT.

Fundamental Ethical Rules

The acts themselves are judged as right or wrong.

Decisions come from 2 sources:1. Decisions based on Authority

2. Decisions based on Reasoning

Decisions Based on Authority & Reasoning

Examples of Authority: law, or religious text Example of Reasoning: Universalizing Universalizing involves picturing in your

mind’s eye everyone in the world doing the action.

Universalize everyone in the world lying. What would it be like?

Is it irrational, illogical, or self-defeating? If so, that makes it ethically WRONG.

What’s Your Verdict?

Is there an ethical justification for this law?

What’s Your Verdict? Answer

The members of the city council tried to determine what the majority of citizens wanted.

They passed the law of the majority will. Making it justified by ethics based on

consequences. It produces the greatest good for the greatest number.

Does it violate their moral rights? NO, freedom to play loud music in public is not essential for the maintenance of human dignity.

Our Laws Reflect Ethics Based on Consequences

We vote in our state representatives. The elected representatives must vote for

laws acceptable to the majority of people they represent if they expect to be reelected.

Majority vote prevails in these matters because it’s based on consequences-based ethics.

Meaning that laws are viewed to be right or good when they affect majority of the people positively. Laws are judged as wrong when they affect the majority negatively.

Our Laws Reflect Ethics Based on Consequences

The Constitution of the U.S. seeks to ensure that our federal lawmaking system reflects the desires of our citizens by creating 2 bodies: The House of Representatives and the Senate-together called Congress.

What’s Your Verdict?

Is such a law ethically justified? Is such a law legal?

What’s Your Verdict? Answer

The zoning law adopted by majority vote is invalid.

It’s unconstitutional because it undermines freedom of religion.

Our Laws Reflect Rule-Based Ethics

While most laws reflect the desires of the people governed, the laws desired by the majority sometimes conflict with moral rights.

Example: Majority of the wealthy people have voted to enforce slavery again.

While the majority may benefit from this, they are violating the minority that is enslaved.

This matter is inconsistent with their status as human beings.

This would be INVALID and unconstitutional.

Our Laws Reflect Rule-Based Ethics

Civil rights generally are personal, human rights recognized and guaranteed by our Constitution.

Examples of civil rights: freedom of speech, the right to a speedy trial, the right to vote….

What’s Your Verdict?

Is there any ethical justification for treating Smyth and Brown so differently?

What’s Your Verdict? Answer

The rule is clear and has been communicated to all drivers.

Therefore, making it just to treat Smyth and Brown differently.

Our Ethical Goals Reflected in Our Laws

Often, matters simply need a consistent rule to assume order and predictability.

Example: An A is 100-90, B 89-80…. A clear rule is needed, and it’s

perhaps more important that the rule exist than it is to be completely fair.

These laws must be communicated in advance and they must be applied consistently.

What’s Your Verdict?

Should Clementine take the watch if she thinks there is no chance of being caught?

What’s Your Verdict? Answer

No, she should not take the watch. INTEGRITY

She is required to accept the law because she has accepted the benefits of the society that made the law.

Other benefits; safe roads, social security, police protection, protection from foreign enemies in time of war…

We Want to Avoid Punishment

Most people comply with the law primarily to avoid punishment.

Why do you abide by the law? Employers often purchase a fidelity bond

for people who handle large sums of money, such as cashiers, managers, supervisors.

A fidelity bond is an insurance policy that pays the employer money in the case of theft by employees.

What’s Your Verdict?

Is there an ethical justification for Dr. King’s violation of the law?

What’s Your Verdict? Answer

Dr. Martin Luther King Jr., engaged in civil disobedience.

Civil disobedience is an open, peaceful violation, of a law to protest its alleged injustice.

Dr. King believed that civil disobedience is justified only in extremely limited circumstances.

Others are looked at as mere scofflaws (people who do not respect the law).