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Laws and Their Ethical Foundation
Chapter 1
“Our nation is founded on the principle that observance
of the law is the eternal safeguard of liberty and
defiance of the law is the surest road to tyranny.” –John.
F. Kennedy
1-1 Law and Legal Systems O Laws: enforceable rules of conduct in a society
O Reflect the culture and circumstances of the times
O Similarities between civilizations and time periods exist
O Code: laws grouped into an organized form
1-1 Law and Legal Systems
O Stage 1 in Growth of Law:
O Individuals are free to take
revenge for wrongs done to
them
O This is done as personal
revenge for wrongdoings
O Can cause innocent people
to be injured
O Forces a leader to emerge
to bring peace back to the
area; this is known as the
sovereign
O Stage 2 in Growth of Law: O A leader acquires enough
power to be able to force revenge-minded individuals to accept an award of goods or money instead
O The sovereign hears and resolves disputes between the people
O The sovereign then forces the injured parties to accept awards of money or goods instead of getting revenge
1-1 Law and Legal Systems
O Stage 3 in Growth of Law:
O The leader, sovereign, gives
this power to a system of
courts due to the growing
number of cases that need
to be heard
O Although the sovereign still
oversees the whole system,
elders or priests generally
provide over these courts
O Stage 4 in Growth of Law:
O The leader or central
authority acts to prevent
and punish wrongs that
provoke individuals to seek
revenge
O This is done by the
sovereign by enforcing a
set of laws and matching
punishments
1-1 Law and Legal Systems
O Common Law vs. Positive Law
O Law is imperfect because it is created by humans
O The system should be predictable and flexible
O Common law: O Law based on the current
standards and customs of the people
O Ideas “common” to all
O Positive law: O Laws created to prevent disputes
and wrongs from occurring in the first place
O Being proactive
1-1 Law and Legal Systems
O English Common Law:
O Created in order to maintain consistency between
the territories and allowed central government to
maintain control
O Barons controlled their territories by making
decisions on local cases
O King Henry II, around 1150, appointed judges to
travel to hear cases and give judgment or to sit
together to make joint decisions on appeals of
“bad decision” cases from the circuit
1-1 Law and Legal Systems
O English Common Law:
O The King’s Bench (or Queen’s Bench) was the official name given to the circuit-riding judges
O These judges were given jurisdiction over the most important cases heard
O Jurisdiction: the power to hear a case
O Because King Henry recognized the importance of keeping the customs of the people in the court cases, he instructed his judges to choose local citizens to sit on a panel to help interpret the local customs for the court
O What do you think this group of individuals is known as today?
O Read “An Example” as a class
1-1 Law and Legal Systems
O English Common Law maintains consistency and stability with an ability to change when needed
O Follows precedence, or the ability to reference previous cases of similar background when decided new cases
O Provides equity, or fairness, in decisions
O Offers opportunity for injunctions to be granted, or the ability to stop something from happening
End section 1-1
1-2 Types of Laws
O Levels of Laws:
O Federal
O State
O Local (often called
ordinances)
1-2 Types of Laws
O Type 1: Constitution
O Constitution: document that sets
forth the framework for the
government and the relationship with
the people it governs
O Federal Constitution
O State Constitution (each stat has its
own)
O Constitutional law: law created by the
adoption, amendment, and/or
interpretation of constitution in
courts
1-2 Types of Laws
O Type 1: Constitution
O Federal Constitution is the highest
source of law and enforced by the
Supreme Court of the United
States
O Unconstitutional: when any type of
law conflicts with the constitution
O Define the powers in our society:
O Between people and government
O Between state governments and
federal government
O Among branches of government
1-2 Types of Laws
O Breakdown of Federal
Constitution:
O Major sections: 2
O Articles: 7
O Amendments: 27
O First ten: Bill of
Rights
O Articles to Federal Constitution:
O Article I: Legislative Branch
O Article II: Executive Branch
O Article III: Judicial Branch
O Article IV: Relations Among States
O Article V: Amending Process
O Article VI: National Supremacy
O Article VII: Ratification in 1787
1-2 Types of Laws
O Allocation of Power: Federal and State Gov’t: O Federal Constitution does
this
O Federal Constitution grants federal government foreign and interstate commerce power, this is business between two or more states
O State Constitution grants each state intrastate commerce power, this is business within one state
O Allocation of Power : Branches of Gov’t:
O Branches of government:
O Legislative
O Executive
O Judicial
O Created to develop a system of “checks and balances” between branches of government so no one branch has full power
1-2 Types of Laws
O Statutes:
O Laws passed specifically by a body of lawmakers for a particular purpose
O Legislature: body of lawmakers
O Examples:
O Drinking age
O Driving age
O Military draft
1-2 Types of Laws
O Ordinances:
O Created at the local
level
O Can only be
enforced within the
boundary of the
local government
O Example: curfew
O Case Law:
O Created by judicial branch
O Created when a case is appealed to the highest court and a ruling is made
O Use these decisions in precedent situations
O Effectiveness comes from the doctrine of stare decisis (let the decision stand)
1-2 Types of Laws
O Administrative Law: O Administrative agencies: governmental bodies formed to
carry out specific laws
O Powers of agencies:
O Create laws
O Enforce laws
O Investigate violators
O Decide guilt/innocence
O Example: Federal Social Security Administration
1-2 Types of Laws
O Civil and Criminal Laws:
O Civil law: when private legal rights of an
individual are violated and allows the injured
party to seek legal remedies for the wrongs
done to them
O Criminal law: when an offense (crime) against
society rather than an individual is committed
O With some cases, both criminal and civil laws
may be applied
1-2 Types of Laws
O Procedural and Substantive Laws:
O Procedural law: sets forth how rights and
responsibilities can be legally exercised and
enforced through the legal system
O Two types: civil and criminal
O Doctrine of stare decisis is procedural
O Rules for determining conflicting laws are procedural
O Substantive law: defines rights and duties
O Defines offenses: murder, theft, negligence, etc.
1-2 Types of Laws
O Business Law:
O Covers rules that apply
to business situations
and transactions
O Mainly concerned with
civil laws governing
contracts, property, and
other business-related
areas
O Can also include
criminal law areas
O Uniform Business Laws:
O Each state can develop
their own laws as long as
they are constitutional
O With expanding business,
laws need to be more
uniform on all levels
O Uniform Commercial Code
(UCC): set of laws
pertaining to business that
gives more uniformity in
state commercial law
End section 1-2
1-3 Ethical Base for Laws
O Ethics: collection of standards of conduct and moral judgment forming the basis for a reasoned, impartial decision as to what is right or wrong
O Ethical system: organized and consistent compilation of such standards usually set down by an established authority
O What do you use to make an ethical decision? Why?
O Impartiality: idea that the same ethical standards apply to everyone
O Business ethics: ethical principles used in making business decisions
1-3 Ethical Bases for Laws O Ethical reasoning one: consequences to actions
O Example-Greatest Good Rule: whatever decision positively impacts that most people is the ethical decision
O Ethical reasoning two: ethical rules
O Example-Golden Rule: treat others how you want to be treated
1-3 Ethical Bases for Laws
O Consequences-Based:
O Utilitarianism: evaluates
the moral worth of a
proposed action by
forecasting the
consequences and
alternatives to the action
O Method often criticized
due to the possible
driving factors (financial
gain, pleasure, love, etc.)
O Rule-Based: O Standard of judging:
O Recognized authority
O Human reasoning
O Recognized authority, religious, determines what is right based on time-tested rules
O Kantian ethics: ethical system developed by Immanuel Kant (German) follows human reasoning
O Universalizing: picture everyone doing the action and ask, “would the result by irrational, illogical, or demeaning?”
1-3 Ethical Bases for Laws
O Ethics Reflected in Laws:
O Consequence-based reasoning is used in government with parts of our Constitution
O Rule-based reasoning comes into play when you look into the Bill of Rights
O Fidelity bond: insurance policy that pays the employer money in the case of theft by employee
O Scofflaws: persons who do not respect the law
O Assess the risk of being caught and punished against the benefits they obtain by breaking the law
O Lack of integrity: capacity to do what is right in the face of temptation or pressure to do otherwise
O Never ethically justified in violating law
1-3 Ethical Bases for Laws
O Unjust law: a law believed to be in conflict with ethical reasoning
O Civil disobedience: open, peaceful, violation of a law to protest its alleged, or supposed, injustice
O Not done for personal advancement
O Willing/eager to be arrested to test validity in law
O Example: Dr. Martin Luther King, Jr.
O Civil disobedience is ethical when:
O Written law conflicts with ethical reasoning
O No effective political methods are available to change the law
O It is nonviolent
O It does not advance immediate self-interest
O Is public and one willingly accepts punishment for violating the law
1-3 Ethical Bases for Laws
O http://www.youtube.com/watch?feature=pl
ayer_detailpage&v=jBkgdGIBv00
