Ethics and the Law

Defining Ethics
Legal Terms
 Morality
 Ethics
 Honesty
 Justice
 Compassion
 Integrity
 Law
 How Ethical Decisions are
Made
 Determining the difference between right
and wrong can be difficult
 Individuals use different methods to chose
the right thing to do in any given situation
 Morality involves the values that govern a
society’s attitude toward right and wrong
 Ethics, in contrast, are the means for
determining what a society’s values ought to
be.
 How Ethical Decisions are
Made

 Throughout your life, you will face many

ethical problems

 Adopting a consistent ethical standard can

help you with big or small moral problems
 Feelings and Opinions

 Some people base their ethical standards

on whether or not the act “feels” right
 The Greatest Good

 Some people feel that an action that

creates the greatest good for the greatest
number of people is a sound basis for
making ethical decisions.
 The Golden Rule

 Others base their ethical standards on the

Golden Rule, which states:

“Do unto others as you would have

them do unto you.”
 Ethical Character Traits
 Honesty is being open and truthful with
other people.
 Justice is treating other people fairly and
equally.
 Compassion is being sympathetic to the
difficulties of others.
 Integrity is doing what is right regardless
of personal consequences.
 The Relationship Between
Ethics and Law

If everyone made the same ethical decisions

with the same results, there would be no
need for law. In the real world, however,
some people engage in conduct that most
people agree is wrong.
 Why Law is Necessary
 Law is the system of rules of conduct
established by the government of a
society to maintain stability and justice.
 Law defines the legal rights and duties of
the people and provides the means of
enforcing these rights and duties.
 Ethics and Legal Conflicts
 Because law is made by people, it is
imperfect.
 Legislators and judges bring their own
personal opinions on ethics to the
lawmaking process.
 As a result, ethics and law will sometimes
conflict.
Define Law
Sources of Law
 The Five Main Sources of
US Law
 Constitutional Law
 Common Law
 Statutory Law
 Court Decisions
 Administrative Regulations
 Constitutional Law
 Constitution spells out the principles by which
the government operates.
 Our country’s fundamental law is the US
Constitution.
 Set forth the rights of citizens
 Define limits the federal/state government may pass
laws
 Describes the functions of the branches of
government
 There are 7 articles and 27 amendments
 Common Law
 Laws were not written, judges made
decisions based on
 Tradition
 Decisions of other judges
 Made every effort to share the same law “in
common”
 This practice led to the doctrine of
precedent
 A judge is required to follow earlier decisions.
 Statutory Law
 Statutes are laws specifically passed by a
governing body that has been created for
the purpose of making laws.
 Legislature – body of lawmakers that
has the job of creating statutory law.
 The Supreme Court may declare any
statute the goes against the Constitution
unconstitutional or invalid.
 Court Decisions
 Court made laws are called
 Case law
 Court decisions
 Judge-made law
 Decisions made by the highest court of
any state becomes the law of that state.
 Judicial decisions involves interpreting
statutes.
 Administrative Regulations
 Legislature often give power to regulate a
particular king of activity to an administrative
agency
 Examples
 FCC – Federal Communication
 FAA – Federal Aeronautics Administration
 These agencies make their own rules, enforce,
investigate, and judge.
 Administrative law consist of those rules and
procedures established by regulatory agencies
 Summary
 Ethical decisions can be made by relying on:
 Opinions and feelings
 Applying the greatest good principle, and
 Following the golden rule.
 Four ethical character traits are
 Honesty
 Justice
 Compassion, and
 Integrity
 Summary
 Ethics tell us what we should do, it may be
subjective. People do not always do what they
should do, so laws are defined providing an
objective standard of behavior
 Law is important because society needs a
system of rules to maintain stability and peace.
 Ethics and the law can conflict in a variety of
circumstances. Professional ethics are not
always consistent with the rule of law.
 Summary
 A country’s constitution spells out the
principles by which the government operates.
 Common law originates in England. The
doctrine of precedent is used to analogize or
distinguish a case at hand from a previous
case.
 Statutory law consist of rules of conduct
established by the government of a society to
maintain stability.
 Summary
 Courts make laws through the common law
tradition, by interpreting statutes, and by
deciding issues of constitutionality.
 Decisions made by the highest court of any state
becomes the law of that state.
 Legislatures from regulatory agencies, which
have wide-ranging powers to create, enforce,
and adjudicate rules and procedures
 The body that formed the agency has the power to
terminate that agency.