CHAPTER ONE

ETHICS

MUSOLINO SUNY CRIMINAL & BUSINESS LAW

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Learning Objectives

1. Define law and morality.2. Distinguish between natural law and

positive law.3. Explain ethical relativism.4. Describe the social contract theory.5. Outline the steps in applying

utilitarianism.6. Define rational ethics.

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Learning Objectives (cont.)

7. Identify the ethical character traits reflected in role model ethics.

8. Outline the arguments supporting social responsibility.

9. Explore the need for law in our society.

10. Clarify how the law and ethics are usually in harmony with one another.

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The Law and Morality

The Law consists of rules of conduct established

by the government of a society to maintain harmony, stability, and justice

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Question?

What defines the legal rights and duties of the people?

A. EthicsB. ValuesC. MoralsD. Law

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The Law and Morality

The Law defines the legal rights and duties of the

peopleprovides a way to protect the people by

enforcing these rights and dutiesa means of civil management

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Question?

What are values that govern a society’s attitude toward right and wrong?

A. MoralsB. EthicsC. Societal valuesD. Law

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The Law and Morality

Morals values that govern a society’s attitude

toward right and wrong and toward good and evil

serves as a guide for those bodies that make, interpret, and enforce the law

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Values and Ethics

Ethics the attempt to develop a means of

determining what fundamental values ought to be and for formulating and applying rules that enforce those values

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Question?

Which theory says that human intuition will always give rise to positive moral laws?

A. Natural lawB. Positive lawC. Law of humanityD. Law of peoples

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Natural Law Theory

Natural law sees law as originating from some

objective, superior force that stands outside the everyday experience of most people

exists an unbreakable link joining morality to the law inn a fundamental way

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Positive Law Theory

Positive Law legal theory that says that the law

originates from an outside source that has emerged from within society

social institutions

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Positive Law Theory

Law of Peoples human intuition will always give rise to

positive moral laws that are global in scope

common to everyone

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Question?

Which ethical theory calls for the greatest good for the greatest number?

A. TotalitarianismB. UtilitarianismC. UnilateralismD. Multiplicity

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Ethical Theories

Ethical relativism there are no objective or absolute

standards of right and wrongstandards change from circumstance to

circumstancealso called subjective ethics

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Question?

Which ethical theory calls for individuals to give up certain freedoms?

A. Ethical relativismB. Social contract theoryC. Situational ethicsD. Utilitarianism

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Ethical Theories

Situational ethics argues that each of us can judge a

person’s ethical decisions only by initially placing ourselves in the other person’s situation

encourages people to look at others with tolerance and patience

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Ethical Theories

Social contract theory holds that right and wrong are

measured by the obligations imposed on each individual by an implied agreement among all individuals within a particular social system

people must give up certain freedoms

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Ethical Theories

Utilitarianism the morality of an action is determined

by its ultimate effectsGreatest good for the greatest number

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Ethical Theories

Rational ethics ethical values can be determined by a

proper application of human reasonShould establish universal rules of

behavior that apply to all people at all times

Also called objective ethics

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Question?

What encourages people to pattern their behavior after admirable individuals?

A. Transformational ethicsB. Charismatic ethicsC. Role-model ethicsD. Role play ethics

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Ethical Theories

Role model ethics encourages people to pattern their

behavior after admirable individuals whose activities provide examples of the proper way to act

Provides concrete examples of how to behave

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Ethical Characteristics

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Ethical Character Traits

Honesty Compassion Integrity Fairness

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Social Responsibility in the Business Sector

The traditional view of corporate culture says that privately owned corporations are created solely to make a profit for their shareholders

The foremost job of any manager is to maximize profits

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Reasons for Social Responsibility

Corporation offers limited liability to owners

Corporation is considered an artificially created person

Corporation can own property and bring lawsuits

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Reasons for Social Responsibility

Because corporations have these rights they owe an obligation to the public to act responsibly

Decisions of corporate managers should not be narrowly focused on profits

Accepting social responsibility is in the long-term interest of the corporation

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Efforts to Promote Social Responsibility

Statutes now permit managers to consider factors other than profit in making decisionsEconomic well-being of the nation, the state,

and the local community Interests of employees, consumers, and

suppliersThe betterment of the environment, the

economy, and the overall social structure

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The Relationship Between Law and Ethics

The law is needed because, although people know better, they do not always follow ethical principles

Ethical principles can tell us what is right, but cannot stop us from doing wrong

The law can punish us if we choose to do wrong