Download Chapter 2 Ethics

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:
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) 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.
• 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.
• 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
• 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.
• 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.