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Chapter 2

Chapter 2. Ethics in our Law. I. What is Ethics?. Ethics is determining what is right or wrong action in a reasoned, impartial manner. Consider the 3 important elements in this definition:

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Chapter 2

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  1. Chapter 2 Ethics in our Law

  2. I. What is Ethics? Ethics is determining what is right or wrong action in a reasoned, impartial manner. Consider the 3 important elements in this definition: 1) a decision about right and wrong action(How does it affect you personally and how does it affect others),   • 2) a reasoned decision(Emotions to varied, Difficult to define right and wrong if emotionally, consistency needed);

  3. 3) a decision that is impartial. (Same standards apply to all, law is an institution, injure law, injure others) II. How do we reason about right and wrong?  • Two forms of ethical reasoning  • 1. Consequential reasoning-This has no moral character-an act that produces a good consequence is good, an act that produces bad consequence is bad. • 2. Deontology- acts are inherently good or bad good consequences cannot justify acts to be good or bad.

  4. Consequential components a. Describe alternative actions b. Forecast consequences c. Evaluate consequences 1. Select the standard for judging 2. Counting the persons affected • Deontological reasoning components  a. Decisions based on authority b. Decisions based on reasoning Universalizing a mental test to magnify illogical character of acts to make the lack of logic easier to see.

  5. Moral rights-natural rights-arising from the nature of being a human being. False rights-claims based on the desires of a particular individual instead of the basic needs of humanity. • III. How do our laws reflect consequential ethics? • A. Majority rule-consequential • B. Civil Rights-deontological • IV. Why are we obligated to obey law • A. Ethics Demands that we obey • B. We Consent to be governed

  6. Integrity-capacity to do what is right in the face of temptation or pressure. • C. We want to avoid punishment Fidelity bond-insurance policy to protect employer of employees who might steal. V. Are we ever justified in violating the law?  • A. Civil disobedience is an open, peaceful, violation of a law to protest its alleged injustice.

  7. This is ethical only when: 1. written laws is in conflict with ethical reasoning 2. there are no effective polictical methods available to change the law 3. the civil disobedience is non violent 4. it does not advance one's immediate self-interest 5. the civil disobedience is public and one willingly accepts the punishment for violating the law.

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