Section 1-3 – Ethical Bases for Laws

Ethics – collection of standards of conduct and moral judgment forming the basis for a reasoned, impartial decision as to what is right or wrong.- Ethical System - composed of an organized and consistent

compilation of such standards usually set down by an established authority

- base our decisions on reason, not on emotion- Impartiality – is the idea that the same ethical standards apply

to everyone- Business Ethics – ethical principles used in making business

decisions- Profit maximization – term used to justify actions that optimize

income but hurt the common good

Laws and Their Ethical Foundation Chp 1Section 1-3

Basic Forms of Ethical Reasoning

Consequences-Based Reasoning - system that forecasts the consequences of an action and

alternatives to it- Consequences are evaluated to see whether the action or an

alternative confers the “greatest good on the greatest number affected by it.”

- action maximizing the “good” is chosen

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Basic Forms of Ethical Reasoning, cont.

Rule-Based Reasoning - acts themselves are judged as right or wrong- wrong actions are never condoned even if they bring about a

good result- Standard comes from one of two sources: a) recognized authority

or b) human reasoning- Universalizing – picture everyone doing the action and then ask if

the result would be irrational

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How Ethics are Reflected in Laws

- laws are judged to be wrong when they affect the majority negatively

- U.S. Constitution seeks to ensure that the federal lawmaking system provides:a. the greatest good for the greatest number

b. protect the well-being of minorities, through the Bill of Rights- Both consequential and rule based ethics conclude that we are

obligated to obey the law

Laws and Their Ethical Foundation Chp 1Section 1-3

Extras

Fidelity bond – insurance policy that pays the employer money in the case of theft by employees.

Scofflaws – persons who do not respect the law at all, assess risk of being caught and punished against the benefits they obtain by breaking the law

Integrity – capacity to do what is right in the face of temptation or pressure to do otherwise

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Extras, cont.

Civil Disobedience – an open, peaceful, violation of the law to protest its alleged, or supposed, injustice with the goal of making the legal system more just

Martin Luther King, Jr. – prime example of civil disobedience- Concluded civil disobedience is ethical when:1. a written law is in conflict with ethical reasoning2. no effective political methods are available to change the law3. the civil disobedience is nonviolent4. the civil disobedience does not advance a person’s immediate

self-interest5. the civil disobedience is public and one willingly accepts the

punishment for violating the law

Laws and Their Ethical Foundation Chp 1Section 1-3

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