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 a involves the values that govern a
society’s attitude toward right and wrongsociety’s attitude toward right and wrong
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 many Throughout your life, you will face many
ethical problemsethical problems
Adopting a consistent ethical standard Adopting a consistent ethical standard
can help you with big or small moral can help you with big or small moral
problemsproblems
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 on Others base their ethical standards on
the Golden Rule, which states: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 with is being open and truthful with
other people.other people.
JusticeJustice is treating other people fairly is treating other people fairly
and equally.and equally.
CompassionCompassion is being sympathetic to is being sympathetic to
the difficulties of others.the difficulties of others.
IntegrityIntegrity is doing what is right is doing what is right
regardless of personal consequences.regardless of personal consequences.
The Relationship BetweenThe Relationship Between
Ethics and LawEthics and Law
If everyone made the same ethical If everyone made the same ethical
decisions with the same results, there decisions with the same results, there
would be no need for law. In the real would be no need for law. In the real
world, however, some people engage in world, however, some people engage in
conduct that most people agree is conduct that most people agree is
wrong.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 justice.society to maintain stability and justice.
Law defines the legal rights and duties Law defines the legal rights and duties
of the people and provides the means of the people and provides the means
of enforcing these rights and duties.of enforcing these rights and 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 own Legislators and judges bring their own
personal opinions on ethics to the personal opinions on ethics to the
lawmaking process.lawmaking process.
As a result, ethics and law will As a result, ethics and law will
sometimes conflict.sometimes conflict.
Section 2.2Section 2.2
Sources of LawSources of Law
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 which Constitution spells out the principles by which
the government operates.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 decisions.A judge is required to follow earlier decisions.
Statutory LawStatutory Law
StatutesStatutes are laws specifically passed by are laws specifically passed by
a governing body that has been created a governing body that has been created
for the purpose of making laws.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 Constitution statute the goes against the Constitution
unconstitutionalunconstitutional or invalid. or 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 of Decisions made by the highest court of
any state becomes the law of that state.any state becomes the law of that 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 administrative particular king of activity to an administrative
agencyagency
ExamplesExamples
FCC – Federal CommunicationFCC – Federal Communication
FAA – Federal Aeronautics AdministrationFAA – Federal Aeronautics Administration
These agencies make their own rules, enforce, These agencies make their own rules, enforce,
investigate, and judge.investigate, and judge.
Administrative law consist of those rules and Administrative law consist of those rules and
procedures established by regulatory agenciesprocedures established by regulatory agencies
Chapter SummaryChapter Summary
Ethical decisions can be made by relying on:Ethical decisions can be made by relying 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 be Ethics tell us what we should do, it may be
subjective. People do not always do what subjective. People do not always do what
they should do, so laws are defined they should do, so laws are defined
providing an objective standard of behaviorproviding an objective standard of behavior
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 of Ethics and the law can conflict in a variety of
circumstances. Professional ethics are not circumstances. Professional ethics are not
always consistent with the rule of law.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 operates.principles by which the government operates.
Common law originates in England. The Common law originates in England. The
doctrine of precedent is used to analogize or doctrine of precedent is used to analogize or
distinguish a case at hand from a previous distinguish a case at hand from a previous
case.case.
Statutory law consist of rules of conduct Statutory law consist of rules of conduct
established by the government of a society to established by the government of a society to
maintain stability.maintain stability.
Chapter SummaryChapter Summary
Courts make laws through the common law Courts make laws through the common law
tradition, by interpreting statutes, and by tradition, by interpreting statutes, and by
deciding issues of constitutionality.deciding issues of constitutionality.
Decisions made by the highest court of any state Decisions made by the highest court of any state
becomes the law of that state.becomes the law of that state.
Legislatures from regulatory agencies, Legislatures from regulatory agencies,
which have wide-ranging powers to create, which have wide-ranging powers to create,
enforce, and adjudicate rules and enforce, and adjudicate rules and
proceduresprocedures
The body that formed the agency has the power The body that formed the agency has the power
to terminate that agency.to terminate that agency.