Chapter 2: Ethics in Law

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Business Law class Chapter 2 is titled: Ethics in our Law This presentation was used in my Business Law class at Littlestown High School. Most of the notes are based on the textbook from South-Western: Law for Business and Personal Use 15th Ed. by Adamson-Mietus

Transcript of Chapter 2: Ethics in Law

Business LawBusiness LawChapter 2: Ethics In Our Chapter 2: Ethics In Our

LawLaw

What is Ethics?What is Ethics?

What does ethics mean?What does ethics mean?

Think of a situation where ethics Think of a situation where ethics would be involved.would be involved.

What is Ethics?What is Ethics?

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

Key elements: decision, reasoned, Key elements: decision, reasoned, impartialimpartial

Ethics: DecisionEthics: Decision

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

There are many examples of decisions There are many examples of decisions that do not involve ethics.that do not involve ethics.

Give an example for a decision that Give an example for a decision that involves ethics, and one that does not.involves ethics, and one that does not.

Ethics: ReasonedEthics: Reasoned

The decision must be made The decision must be made objectively without emotions.objectively without emotions.

It is often very difficult to remove It is often very difficult to remove your emotions from a decision.your emotions from a decision.

People generally get guidance about People generally get guidance about right and wrong from their religion right and wrong from their religion (Bible, Koran, Torah, etc.) or the law.(Bible, Koran, Torah, etc.) or the law.

Ethics: ImpartialEthics: Impartial

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

There should be a fairness involved There should be a fairness involved when dealing with ethics.when dealing with ethics.

We must balance our self-interest We must balance our self-interest and views with that of others.and views with that of others.

What would you do?What would you do?You’re at a friend’s house for a party. You’re at a friend’s house for a party.

While having a great time dancing, you While having a great time dancing, you accidentally knock over a porcelain accidentally knock over a porcelain picture frame and it cracks. The frame picture frame and it cracks. The frame looks old and nobody saw you bump it.looks old and nobody saw you bump it.

What will you do about it?What will you do about it?

How do you feel after making that How do you feel after making that decision?decision?

What would you do?What would you do?

As you’re walking home from school As you’re walking home from school you notice a soccer ball left out on you notice a soccer ball left out on the field by the gym class. You play the field by the gym class. You play soccer and your ball is worn out so soccer and your ball is worn out so you pick up the ball from the field you pick up the ball from the field and take it home.and take it home.

Can you justify taking the ball?Can you justify taking the ball?

What would you do?What would you do?Jack’s car was struck by a man who ran a stop Jack’s car was struck by a man who ran a stop

light. After surveying the damage, Jack sees light. After surveying the damage, Jack sees he’ll need a new left fender, head light he’ll need a new left fender, head light assembly, and a bumper. His left door is assembly, and a bumper. His left door is rusted out at the bottom but was not rusted out at the bottom but was not damaged. He decides to hit it with a damaged. He decides to hit it with a hammer and say it was damaged in the hammer and say it was damaged in the accident so he can get it replaced at no cost accident so he can get it replaced at no cost to himself.to himself.

How will Jack justify this? Has he hurt How will Jack justify this? Has he hurt anyone?anyone?

Behind all businesses, schools, and Behind all businesses, schools, and organizations, there are people. organizations, there are people. When we wrong an institution, the When we wrong an institution, the government or any kind of government or any kind of organization, we injure or wrong organization, we injure or wrong people. Someone will be affected by people. Someone will be affected by your decision. Many people today your decision. Many people today justify stealing or short changing their justify stealing or short changing their work, their school, or our government.work, their school, or our government.

Forms of Ethical ReasoningForms of Ethical Reasoning

Based on ConsequencesBased on Consequences– Right and wrong is based on the resultsRight and wrong is based on the results– Not based on morals or rules, but greater goodNot based on morals or rules, but greater good– Positive consequences = rightPositive consequences = right– Negative consequences = wrongNegative consequences = wrong

Based on Ethical RulesBased on Ethical Rules– Acts are judged either right or wrong Acts are judged either right or wrong

regardless of the resultsregardless of the results Both types of reasoning can be used in Both types of reasoning can be used in

deciding ethical questions, usually with the deciding ethical questions, usually with the same result.same result.

Consequence-based Consequence-based ReasoningReasoning

An individual will examine possible An individual will examine possible courses of action and their courses of action and their consequences. After evaluating the consequences. After evaluating the consequences, a person selects the consequences, a person selects the action that results in the best outcome.action that results in the best outcome.

When deciding which action to take, When deciding which action to take, consideration is given to others consideration is given to others involved.involved.

A person’s goals and values affect A person’s goals and values affect their reasoning.their reasoning.

Rule-based ReasoningRule-based Reasoning

A higher authority or standard sets A higher authority or standard sets rules to follow.rules to follow.

The Good—the primary goal toward The Good—the primary goal toward which human life should be directed.which human life should be directed.

In rule-based reasoning, the act is In rule-based reasoning, the act is evaluated instead of the consequence.evaluated instead of the consequence.

Universalizing—looking at an action Universalizing—looking at an action and seeing what the world would be and seeing what the world would be like if everyone did it.like if everyone did it.

Moral RightsMoral Rights

All human beings have dignity and All human beings have dignity and worth therefore they must be treated worth therefore they must be treated with respect.with respect.

Humans are unique because of their Humans are unique because of their potential for reasoning about right potential for reasoning about right and wrong.and wrong.

This means humans have moral This means humans have moral rights.rights.

Moral RightsMoral Rights

Rightful claims on other people that Rightful claims on other people that flow from each person’s status has a flow from each person’s status has a human being.human being.

LawsLaws

In this country, the people determine In this country, the people determine the laws that bind them.the laws that bind them.

Do you agree with the above Do you agree with the above statement? Why or Why not?statement? Why or Why not?

We elect our officials who, in turn, We elect our officials who, in turn, make laws that are acceptable to the make laws that are acceptable to the majority of people they represent.majority of people they represent.

‘‘Majority rules’ is a popular statement Majority rules’ is a popular statement that means elected officials enact that means elected officials enact rules and regulations that are rules and regulations that are acceptable by the majority of voters.acceptable by the majority of voters.

Majority rules is based on Majority rules is based on consequence-based ethics.consequence-based ethics.

Civil RightsCivil Rights

Personal, human rights are recognized Personal, human rights are recognized and guaranteed by our Constitution.and guaranteed by our Constitution.

Freedom of religion, speech, the press, Freedom of religion, speech, the press, unreasonable searches and seizures, unreasonable searches and seizures, speedy and just trial, vote, etc.speedy and just trial, vote, etc.

Read Law and the Internet p. 26Read Law and the Internet p. 26

What’s Your Verdict?What’s Your Verdict?

Read What’s Your Verdict? p. 27Read What’s Your Verdict? p. 27

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

Obeying LawsObeying Laws

Why do you obey laws and rules?Why do you obey laws and rules?

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Why Obey Laws???Why Obey Laws???

Based on Ethical reasoningBased on Ethical reasoning Integrity—the ability to do what is Integrity—the ability to do what is

right even in the face of temptation right even in the face of temptation to do otherwiseto do otherwise

Afraid of punishment/consequencesAfraid of punishment/consequences To maintain Civil orderTo maintain Civil order

What’s Your Verdict? p. 28What’s Your Verdict? p. 28

Is there ethical justification for Dr. Is there ethical justification for Dr. King’s actions?King’s actions?

Under what circumstances would you Under what circumstances would you consider committing civil consider committing civil disobedience?disobedience?

Are we ever justified in violating the Are we ever justified in violating the law?law?

Yes!Yes!

Any law that goes against basic Any law that goes against basic human rights, dignity, and common human rights, dignity, and common justice for all may be deemed justice for all may be deemed unethical.unethical.

How do you change the law?How do you change the law?

How to change the lawHow to change the law

Work within the system to make a Work within the system to make a changechange

Write your local/state government Write your local/state government officialofficial

VoteVote Be informed and educate othersBe informed and educate others Civil DisobedienceCivil Disobedience

When is civil disobedience When is civil disobedience allowed?allowed?

Law goes against ethic reasoningLaw goes against ethic reasoning No political means to changeNo political means to change Disobedience is nonviolentDisobedience is nonviolent The common good is enhanced The common good is enhanced

above one’s self interestabove one’s self interest Disobedience is publicDisobedience is public Offender is willing to accept the Offender is willing to accept the

punishmentpunishment

Responsibilities of An American Responsibilities of An American CitizenCitizen

The duty to obey the lawThe duty to obey the law

The duty to respect the rights of othersThe duty to respect the rights of others

The duty to inform yourself on political issuesThe duty to inform yourself on political issues

The duty to vote in electionsThe duty to vote in elections

The duty to serve on juries if calledThe duty to serve on juries if called

The duty to serve and defend your countryThe duty to serve and defend your country

The duty to assist agencies of law enforcementThe duty to assist agencies of law enforcement