Ethics and the LawEthics and the Law

Chapter 1Chapter 1

A Debate about EthicsA Debate about Ethics

Characters:Characters:

Mrs. Martinez………….Ms. WaltonMrs. Martinez………….Ms. Walton

Thai ………………………JacoyThai ………………………Jacoy

Jamila ……………………IronishaJamila ……………………Ironisha

FeliciaFelicia

Peggy……………………..KerishaPeggy……………………..Kerisha

Daniel ……………………JacoyDaniel ……………………Jacoy

Page 5Page 5

Defining EthicsDefining Ethics

Section 1.1Section 1.1

What You Will LearnWhat You Will Learn

How ethical decisions are madeHow ethical decisions are made When to apply the greatest good When to apply the greatest good

principleprinciple When to apply the golden rule When to apply the golden rule

principleprinciple How to explain the nature of ethical How to explain the nature of ethical

character traitscharacter traits

What You Will LearnWhat You Will Learn

When law relates to ethicsWhen law relates to ethics How to explain the importance of lawHow to explain the importance of law How ethics and the law might How ethics and the law might

sometime conflictsometime conflict

Legal TermsLegal Terms

MoralityMorality EthicsEthics HonestyHonesty JusticeJustice CompassionCompassion IntegrityIntegrity LawLaw

How Ethical Decisions are How Ethical Decisions are MadeMade

Determining the difference between right Determining the difference between right and wrong can be difficultand wrong can be difficult

Individuals use different methods to chose Individuals use different methods to chose the right thing to do in any given situationthe right thing to do in any given situation

MoralityMorality involves the values that govern involves the values that govern a society’s attitude toward right and a society’s attitude toward right and wrongwrong

EthicsEthics, in contrast, are the means for , in contrast, are the means for determining what a society’s values ought determining what a society’s values ought to be.to be.

How Ethical Decisions are How Ethical Decisions are MadeMade

Throughout your life, you will face Throughout your life, you will face many ethical problemsmany ethical problems

Adopting a consistent ethical Adopting a consistent ethical standard can help you with big or standard can help you with big or small moral problemssmall moral problems

Feelings and OpinionsFeelings and Opinions

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

The Greatest GoodThe Greatest Good

Some people feel that an action that Some people feel that an action that creates the greatest good for the creates the greatest good for the greatest number of people is a sound greatest number of people is a sound basis for making ethical decisions.basis for making ethical decisions.

The Golden RuleThe Golden Rule

Others base their ethical standards Others base their ethical standards on the Golden Rule, which states:on the Golden Rule, which states:

““Do unto others as you would have Do unto others as you would have

them do unto you.”them do unto you.”

Ethical Character TraitsEthical Character Traits

HonestyHonesty is being open and truthful is being open and truthful with other people.with other people.

JusticeJustice is treating other people fairly is treating other people fairly and equally.and equally.

CompassionCompassion is being sympathetic is being sympathetic to the difficulties of others.to the difficulties of others.

IntegrityIntegrity is doing what is right is doing what is right regardless of personal consequences.regardless of personal consequences.

Describe the characteristics of justice.

The Relationship BetweenThe Relationship BetweenEthics and LawEthics and Law

If everyone made the same ethical If everyone made the same ethical decisions with the same results, decisions with the same results, there would be no need for law. In there would be no need for law. In the real world, however, some people the real world, however, some people engage in conduct that most people engage in conduct that most people agree is wrong.agree is wrong.

Why Law is NecessaryWhy Law is Necessary

LawLaw is the system of rules of conduct is the system of rules of conduct established by the government of a established by the government of a society to maintain stability and society to maintain stability and justice.justice.

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

Ethics and Legal ConflictsEthics and Legal Conflicts

Because law is made by people, it is Because law is made by people, it is imperfect.imperfect.

Legislators and judges bring their Legislators and judges bring their own personal opinions on ethics to own personal opinions on ethics to the lawmaking process.the lawmaking process.

As a result, ethics and law will As a result, ethics and law will sometimes conflict.sometimes conflict.

Define Law

Section 1.1 AssessmentSection 1.1 Assessment

Reviewing what you learned.Reviewing what you learned. #1, 4, 5, 6, 7#1, 4, 5, 6, 7

Critical Thinking ActivityCritical Thinking Activity

Section 1.2Section 1.2

Sources of LawSources of Law

What You Will LearnWhat You Will Learn

How to recognize the various parts of How to recognize the various parts of the US Constitution.the US Constitution.

How to explain the components of How to explain the components of common lawcommon law

How to explain the purposes of How to explain the purposes of statutory lawstatutory law

How to identify the various ways that How to identify the various ways that courts make lawcourts make law

How the government makes How the government makes administrative regulationsadministrative regulations

Legal TermsLegal Terms

ConstitutionConstitution Common lawCommon law PrecedentPrecedent StatutesStatutes LegislatureLegislature Unconstitutional Unconstitutional Administrative lawAdministrative law

The Five Main Sources of The Five Main Sources of US LawUS Law

Constitutional LawConstitutional Law Common LawCommon Law Statutory LawStatutory Law Court DecisionsCourt Decisions Administrative RegulationsAdministrative Regulations

Constitutional LawConstitutional Law

Constitution spells out the principles by Constitution spells out the principles by which the government operates.which the government operates.

Our country’s fundamental law is the US Our country’s fundamental law is the US Constitution. Constitution. Set forth the rights of citizensSet forth the rights of citizens Define limits the federal/state government may Define limits the federal/state government may

pass lawspass laws Describes the functions of the branches of Describes the functions of the branches of

governmentgovernment There are 7 articles and 27 amendmentsThere are 7 articles and 27 amendments

Common LawCommon Law

Laws were not written, judges made Laws were not written, judges made decisions based on decisions based on TraditionTradition Decisions of other judgesDecisions of other judges Made every effort to share the same law “in Made every effort to share the same law “in

common”common” This practice led to the doctrine of This practice led to the doctrine of

precedentprecedent A judge is required to follow earlier A judge is required to follow earlier

decisions.decisions.

Statutory LawStatutory Law

StatutesStatutes are laws specifically passed are laws specifically passed by a governing body that has been by a governing body that has been created for the purpose of making laws.created for the purpose of making laws.

LegislatureLegislature – body of lawmakers that – body of lawmakers that has the job of creating statutory law.has the job of creating statutory law.

The Supreme Court may declare any The Supreme Court may declare any statute the goes against the statute the goes against the Constitution Constitution unconstitutionalunconstitutional or or invalid.invalid.

Court DecisionsCourt Decisions

Court made laws are calledCourt made laws are called Case lawCase law Court decisionsCourt decisions Judge-made lawJudge-made law

Decisions made by the highest court Decisions made by the highest court of any state becomes the law of that of any state becomes the law of that state.state.

Judicial decisions involves interpreting Judicial decisions involves interpreting statutes.statutes.

Administrative RegulationsAdministrative Regulations

Legislature often give power to regulate a Legislature often give power to regulate a particular king of activity to an particular king of activity to an administrative agencyadministrative agency ExamplesExamples

FCC – Federal CommunicationFCC – Federal Communication FAA – Federal Aeronautics AdministrationFAA – Federal Aeronautics Administration

These agencies make their own rules, These agencies make their own rules, enforce, investigate, and judge.enforce, investigate, and judge.

Administrative law consist of those rules Administrative law consist of those rules and procedures established by regulatory and procedures established by regulatory agenciesagencies

Section 1.2 AssessmentSection 1.2 Assessment

Reviewing What You LearnedReviewing What You Learned

Critically Thinking ActivityCritically Thinking Activity

Chapter SummaryChapter Summary

Ethical decisions can be made by relying Ethical decisions can be made by relying on:on: Opinions and feelingsOpinions and feelings Applying the greatest good principle, andApplying the greatest good principle, and Following the golden rule.Following the golden rule.

Four ethical character traits are Four ethical character traits are HonestyHonesty JusticeJustice Compassion, and Compassion, and IntegrityIntegrity

Chapter SummaryChapter Summary

Ethics tell us what we should do, it may Ethics tell us what we should do, it may be subjective. People do not always do be subjective. People do not always do what they should do, so laws are defined what they should do, so laws are defined providing an objective standard of providing an objective standard of behaviorbehavior

Law is important because society needs a Law is important because society needs a system of rules to maintain stability and system of rules to maintain stability and peace.peace.

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

Chapter SummaryChapter Summary

A country’s constitution spells out the A country’s constitution spells out the principles by which the government principles by which the government operates.operates.

Common law originates in England. The Common law originates in England. The doctrine of precedent is used to doctrine of precedent is used to analogize or distinguish a case at hand analogize or distinguish a case at hand from a previous case.from a previous case.

Statutory law consist of rules of conduct Statutory law consist of rules of conduct established by the government of a established by the government of a society to maintain stability.society to maintain stability.

Chapter SummaryChapter Summary

Courts make laws through the common Courts make laws through the common law tradition, by interpreting statutes, and law tradition, by interpreting statutes, and by deciding issues of constitutionality.by deciding issues of constitutionality. Decisions made by the highest court of any Decisions made by the highest court of any

state becomes the law of that state.state becomes the law of that state. Legislatures from regulatory agencies, Legislatures from regulatory agencies,

which have wide-ranging powers to which have wide-ranging powers to create, enforce, and adjudicate rules and create, enforce, and adjudicate rules and proceduresprocedures The body that formed the agency has the The body that formed the agency has the

power to terminate that agency.power to terminate that agency.