Chapter 1: Ethical Chapter 1: Ethical Bases for LawsBases for Laws

Part 3 : Ethics and the Law

EthicsEthics

Ethics is a practice deciding what Ethics is a practice deciding what is right or wrong in a reasoned, is right or wrong in a reasoned, impartial manner. impartial manner. To involve To involve ethics, a decision must effect ethics, a decision must effect your or others in a significant your or others in a significant way. way.

Three Elements of Three Elements of EthicsEthics

1.1. Decision about Decision about right or wrongright or wrong

2.2. Decision is Decision is reasonedreasoned

3.3. Decision is Decision is impartialimpartial

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Ethical DilemmasEthical Dilemmas

For most circumstances these two For most circumstances these two forms of moral reasoning forms of moral reasoning reach the reach the same conclusionsame conclusion – as with our example – as with our example of lyingof lying

However, when these two types of However, when these two types of reasoning conflict, this is when we face reasoning conflict, this is when we face the most the most difficultdifficult moral decisions moral decisions

Examples:Examples:– IRS fraudIRS fraud– Lying to prevent someone’s feelings from Lying to prevent someone’s feelings from

being hurtbeing hurt

A Question of A Question of EthicsEthics

Sharon is knowledgeable about tax laws Sharon is knowledgeable about tax laws and how the Internal Revenue and how the Internal Revenue Service (IRS) audits tax returns. She Service (IRS) audits tax returns. She knows a way to cheat on her tax knows a way to cheat on her tax return that would save her almost return that would save her almost $2,000. She thinks her chance of $2,000. She thinks her chance of being caught is about one in 1,000. being caught is about one in 1,000. Would it be ethical for Sharon to Would it be ethical for Sharon to prepare her tax return in this way? prepare her tax return in this way? Why or why not?Why or why not?

Consequential Consequential ReasoningReasoning

General Example: General Example: Lying usually Lying usually produces a produces a badbad consequenceconsequence

Definition: Rightness and wrongness Definition: Rightness and wrongness is is based only on the consequences or based only on the consequences or the the result of the actionresult of the action

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ConsequentialConsequential Ethics Ethics Reflected in Our Reflected in Our LawsLaws

Our system of government is grounded Our system of government is grounded in in majority rulemajority rule

– Laws are judged to be right or good when Laws are judged to be right or good when they effect the they effect the majoritymajority of the people of the people positivelypositively

– The federal lawmaking system provides The federal lawmaking system provides the the greatest goodgreatest good for the greatest number for the greatest number

– Therefore, a good legal decision = good Therefore, a good legal decision = good consequencesconsequences

Example: Example: Picking up dog poo at parksPicking up dog poo at parks

Are we ever ethically Are we ever ethically justified in violating the justified in violating the law?law? Dr. King’s march in Alabama was an act Dr. King’s march in Alabama was an act

of of civil disobediencecivil disobedience Civil Disobedience: Civil Disobedience: An open, peaceful, An open, peaceful,

violation of a law to protest its alleged violation of a law to protest its alleged injusticeinjustice

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Are we ever ethically Are we ever ethically justified in violating justified in violating the law?the law?

In the early 1960’s, Martian Luther King, Jr., wanted In the early 1960’s, Martian Luther King, Jr., wanted to lead a march into Birmingham, Alabama, to to lead a march into Birmingham, Alabama, to protest racial segregation in that city. When he protest racial segregation in that city. When he applied for a parade permit, his request was applied for a parade permit, his request was denied. Dr. King, knowing that his conduct was denied. Dr. King, knowing that his conduct was illegal, led the non-violent march anyway. He illegal, led the non-violent march anyway. He was at the front of the line and allowed himself to was at the front of the line and allowed himself to be arrested, although he could have easily be arrested, although he could have easily escaped. He went to jail. Community leaders escaped. He went to jail. Community leaders were highly critical of Dr. King because he had were highly critical of Dr. King because he had violated the law. In response, he wrote a famous violated the law. In response, he wrote a famous letter attacking segregation laws as being letter attacking segregation laws as being inconsistent with deontological and consequential inconsistent with deontological and consequential ethical reasoning. Is there an ethical justification ethical reasoning. Is there an ethical justification for Dr. King’s violation of the law?for Dr. King’s violation of the law?

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