Chapter 1-3

1. Chapter 1-3 Ethical Bases for Laws

2. THE SPIRIT OF LAW • People determine right and wrong in many ways such as… • following rules they have learned • what their conscience says • their country’s laws

3. HOW ETHICAL DECISIONS ARE MADE • Systems of ___religion_____ and _philosophy______ developed help guide individual behavior. • Many people view that ethics are based on changing _feelings______ and ___opinions_______. These can change from person to person.

4. Example 1 • Nathan comes from a poor family, while Erin’s family is wealthy. Nathan believes that Erin has more money than she needs. When she leaves her purse unattended in the school cafeteria, Nathan steals her billfold. Nathan defends the theft by saying that he feels he deserves the money more than Erin, who can always get more from her father.

5. Example 1 • How did he misapply the principle? • Nathan believes he is right because of his opinion. Nathan is wrong because he hurts Erin and sets a bad example. • One way to determine whether something is right or wrong is to look at how an action helps or hurts the people affected by it.

6. CONSEQUENCES-BASED ETHICAL REASONING • Look for ways to alter current situation • Evaluate each alternative • Select alternative with “greatest good”

7. Example 2 • Elaine knows that 10 of her 20 classmates cheated on their last law exam. The teacher mistakenly identifies an innocent student as the only one that cheated. Elaine decides that the greatest good for the greatest number would be for her to keep silent and not identify the 10 students. She thus sacrifices the one students for the many.

8. Example 2 • How was this misapplied? • This does not help the greatest number of students. The other law classes within the school that did not cheat and this sets an unethical example for the rest of the school. • It will also have bad effects on the school’s academic standards. • This is also unfair to the innocent student who will take the blame for the guilty parties.

9. RULE-BASED ETHICAL REASONING • Acts themselves are judged as right or wrong • The standard for judging comes from: • A recognized authority • Human reasoning • Universalizing- a test for this method. Imagine yourself doing the actions and ask, “Would the result be irrational, illogical, or demeaning?”

10. Why is law needed? • Ethics tells us what we ought to do and the law is needed because people do not always do what they ought to do.

11. Example 3 • Amalfi sees a blind man standing on the corner of a busy intersection. Even though it is clear that the man needs help crossing the street, Amalfi ignores him and continues on his way. Jake, who belongs to a street gang, happens by. To impress the other gang members he pushes the blind man into the street.

12. Example 3 • Can the law punish one of these boys? • The law can punish Jake for his actions. This is so that people do not hurt another. • It can not make you help someone cross the street but ethically you should.

13. ETHICS REFLECTED IN LAW • Representatives vote for laws that are acceptable to the majority of the public • Uses consequences-based ethics. • Scofflaws – persons who do not respect the law (minor laws). Assess the risk of being caught against the benefits they obtain. • Others violate a law because they consider is to be unjust – civil disobedience

14. Example 4 • Clark is the editor of the Franklin High Herald. Rita tells Clark that another students is selling drugs on campus. She asks Clark not to reveal her identity in his news article or to the police. Clark agrees. When the article appears and the student is arrested, Clark has to testify at the trial. Clark refuses to identify Rita even though the judge orders him to do so. Clark is held in contempt of court.

15. Example 4 • How does this example legally and ethically conflict? • Clark follows the ethics of journalism but fails to follow a court order.