CHAPTER ONE ETHICS AND MORALITY WHAT ARE ETHICS

CHAPTER ONE ETHICS AND MORALITY

WHAT ARE ETHICS AND MORALITY? ? • MORALITY-VALUES THAT GOVERN RIGHT AND WRONG • ETHICS-RULES USED TO DETERMINE THE DIFFERENCE BETWEEN RIGHT AND WRONG

HOW DO WE ACQUIRE THESE MORALS? WHERE DO YOU THINK THESE VALUES HAVE COME FROM FOR YOU?

THE THREE ETHICAL RULES…. (How Ethical Decisions are Made)

THE GREATEST GOOD

WILL THE ACTION CAUSE THE GREATEST GOOD FOR THE GREATEST NUMBER OF PEOPLE?

THE MORE GOOD THAT RESULTS, THE MORE RIGHT THE ACTION

SHOULD NOT BE USED TO DETERMINE THE GOOD OF ONLY YOURSELF OR A SMALL GROUP OF PEOPLE

CAN YOU THINK OF ANY EXAMPLES WHERE THIS ETHICAL RULE COULD BE APPLIED?

THE GOLDEN RULE

“DO UNTO OTHERS AS YOU WOULD HAVE THEM DO UNTO YOU”

THE HEART OF THE GOLDEN RULE IS---EMPATHY

EMPATHY MEANS PUTTING YOURSELF IN ANOTHER PERSON’S POSITION

HOW DO YOU TEST WHETHER AN ACTION IS RIGHT OR WRONG UNDER THE GOLDEN RULE?

ASK YOURSELF, “WOULD I WANT TO BE TREATED THIS WAY? ” If your answer is , then the action breaks the Golden Rule

HAVE YOU WITNESSED ANY SITUATIONS WHERE THIS COULD APPLY?

REAL-WORLD ETHICS

THERE ARE MORAL RULES THAT MOST PEOPLE KNOW INSTINCTIVELY, WITHOUT THINKING

EXAMPLE— LYING IS WRONG BUT UNDER THIS RULE, THERE MAY BE RARE OCCASIONS THAT A PERSON MAY HAVE TO LIE

LYING MAY BE ALLOWABLE IF IT IS GOING TO SAVE A PERSON’S LIFE, FOR EXAMPLE

THIS DOES NOT MEAN WHAT YOU HAVE DONE IS RIGHT, IT MEANS THAT WHAT YOU HAVE DONE IS LESS WRONG IN A PARTICULAR SITUATION

IF YOU LIE TO SAVE A LIFE, YOU KNOW THAT THE LIE IS WRONG, BUT YOU ALSO KNOW THAT IT IS LESS WRONG THAN SAYING SOMETHING THAT LEADS TO SOMEONE’S DEATH

HAVE ANY OF YOU EVER BEEN IN A SITUATION WHERE YOU HAVE HAD TO APPLY THIS RULE?

Hammurabi’s Code • • • 6 th king of Babylon 300 laws created in 1780 B. C. Set rules & punishments Innocent until proven guilty Examples: caught stealing = killed in debt/cannot pay = sell himself or family into labor for 3 years

Ethical Character Traits • Honesty – truthful • Justice – treating people fairly & equally • Compassion – caring, understanding • Integrity – willingness to do the right thing, stand up for your convictions

Relationship Between Ethics & Law • Why is law necessary? – Ethics tell you what you should do – Need laws because people don’t always do what they should • Law – definition has two parts – Rules of conduct – Maintain stability & justice in society

• Ethical and Legal Conflicts – Ethics and law affect each other – Changes in ethics—make new laws, get rid of old laws – Examples: abortion, segregation, gun control, women’s rights

Five Main Sources of Today’s Law 1. Constitutional Law – A country’s formal document that spells out the principles by which its government operates – In our country, the most basic law is the U. S. Constitution

U. S. Constitution (broad, basic) – Describes 3 branches of government – Sets limits when passing laws – Sets rights of the people – 7 Articles, 27 Amendments – Bill of Rights—first 10 amendments • Protects our rights and freedoms

• State Constitutions – Each state has its own – Not the same as U. S. – Longer & more detailed – Cannot conflict with U. S. constitution

Five Main Sources of Today’s Law, con’t. 2. Common Law • Laws made by courts which provide consistent rules that later courts must follow • Based on English court system • Precedent –past case a court follows when making a present decision • Stare decisis “let the decision stand”

Five Main Sources of Today’s Law, con’t. 3. Statutes & Civil Law • Law today is based on statutes • Statute–a law passed by a government body created for the purpose of creating laws • State law cannot conflict with U. S. constitution • Law declared unconstitutional or invalid if it goes against U. S. Constitution

• Legislature – pass laws on state/federal levels • Local government – city council • Ordinances—laws created for city or town • Tell people to do or not to do something • Examples: wear seatbelt, pay taxes, criminal statutes outline crimes, parking fines, noxious weed control

Five Main Sources of Today’s Law, con’t. 4. Court Decisions • Court-made law • Called case law, court decisions, and judge-made law

Courts make law three ways----

1. Common Law Tradition— Decisions made by the highest court of a state are the law of that state **These decisions must be followed by other state courts **Continue to be law until changed by statute or a new court decision

2. Interpreting Laws— Interpreting Statutes If a Statute is confusing, the court figures out what the statute means **A judge cannot interpret a statute unless the statute is part of a case**

3. Judicial Review— Courts decide whether laws conflict with the constitution **Any laws or government actions that conflict with the Constitution are unconstitutional** *The Supreme Court of the US has final word on whether a statute conflicts with the Constitution*

Five Main Sources of Today’s Law, con’t. 5. Administrative Regulations • Departments of government to carry out certain laws • Administrative Law - body of rules created by government agencies • Have a lot of power • Final decision of agency can be reviewed by court

• Administrative Agencies (examples) • OSHA – Occupational Safety & Health Administration • DEA – Drug Enforcement Agency • FDA – Food & Drug Administration • FDIC – Federal Deposit Insurance Corporation • ATF – Alcohol, Tobacco, & Firearms • http: //www. icsd. k 12. ny. us/highschool/library/fedreg. html