Ethics, Values, and the Law Law and Society Morality,Ethics,Values What you do when no one is looking. Values -- beliefs of a person or social group.

Ethics, Values, and the Law

Law and Society

Morality,Ethics,Values“What you do when no one is looking.”

Values--beliefs of a person or social group in which they have an emotional investment (either for or against something). Examples: moral values, economic values, political values, and social values.

Morality—values that govern a society’s attitude toward right and wrong.

Ethics—attempts to develop the means for determining what those values should be.

How are ethical decisions made?

• Feelings and Opinions• The Greatest Good• The Golden Rule

The Ethics Bookstore

Feelings and Opinions• May change from person to person or from

situation to situation.• Popular in the U.S. because of our tradition of

tolerance and the fact that we are a nation of immigrants.

• The argument against this view is that if ethics are simply a matter of opinion then no one is ever wrong.

Female Mutilation

The Greatest Good• Ethical decisions made by the greatest good for the

greatest number of people affected by an action.• The more good that results, the more ethical the action

and vice versa.• The method may seem unfair to the minority opinion.

The Golden Rule• “Do unto others as you would have them do unto you”

• Found in many religions• Because of its consistency and universal appeal, it is

preferable to the other two methods.

Empathy—(the heart of the golden rule) putting yourself in the other person’s position.

When would laws not be necessary?

If everyone always followed the golden rule.

If followed properly,the golden rule can be applied in all situations.

Why are laws necessary?

Because people do not always do what they ought to do.

Law--Rules and regulations made and enforced by government that regulate the conduct of people within a society.

The law cannot always make people do what is right. However it does have the power to punish them for doing things that are wrong.

Ethical and Legal Conflicts• Law is made by people and is therefore imperfect• Legislators and judges bring their own personal

opinions on values, ethics, and morality to the law-making process which results in

ConflictExamples:

Violation of the drug laws.Burning of draft cards during the Viet Nam War.Moving slaves through the underground railroad.

The “Rule of Law”

• A democratic system of government cannot function effectively unless its laws are respected by the people the laws are intended to govern.

• The “rule of law” requires that we are notified in advance of the laws and that they are created through democratic processes—not through decrees.

• NO ONE IS ABOVE THE LAW—not even the president.

Human Rights• Human rights are the rights all people have just because they are human beings. • Most countries have agreed to recognize and respect human rights by signing the

Universal Declaration of Human Rights.• The United Nations has developed a system of international treaties that protects specific

human rights. • Many countries also create laws aimed at protecting human rights.• Our Constitution, Bill of Rights, and other state and federal laws are all influenced by a

desire to protect human rights.

Balancing Rights with Responsibilities

• Americans enjoy many individual rights, but some people argue that these rights must be balanced with social responsibilities to foster a sense of community.

• Critics say Americans want their rights but refuse responsibilities such as becoming informed about candidates, voting, and serving on juries.

• YOU GET THE GOVERNMENT YOU DESERVE BASED ON YOUR PARTICIPATION!!

Kinds of Laws• Law can be divided into two major categories: civil and

criminal.– Criminal laws regulate public conduct. In a criminal

case, the government brings legal action against a person and imposes a penalty.

– Civil laws regulate relations between private individuals and may be enforced in a civil action by a private citizen (or group) who feels wronged.

• Sometimes the same act or wrong can be tried as both a civil and criminal case.

The Sources of Law

• Federal and State Constitutions• Statutes• Court Decisions (Common Law)• Administrative law• International Law

The U.S. Constitution

PA State Constitution

The fundamental law of the nation or a state.

World Wall:

•Constitution

•unconstitutional

Six Basic Principles of the U.S. Constitution

• Popular Sovereignty—Government by the consent of the governed –people are the only source of power.

• Limited Government—Government is not all-powerful—can only do those things the people empower it to do. The Bill of Rights ( first 10 amendments to Constitution) guarantees the fundamental rights and liberties of all Americans.

Six Basic Principles of the U.S. Constitution (continued)

• Separation of Powers—Three branches of government– Article I: Legislative (Congress)– Article II: Executive– Article III: Judicial

• Checks and Balances—Each branch is subject to a number of constitutional checks, or restraints, by the other two branches.

Six Basic Principles of the U.S. Constitution (continued)

• Judicial Review—The court has the power to determine the constitutionality of government action.

• Federalism—Division of power among central government and several regional governments (state and local).

The System of Checks and Balances

Judicial BranchThe Supreme Court

Legislative BranchThe Congress

Executive BranchThe President

Judicial ReviewCourts may declare lawsunconstitutional

Approve judicial nominations to Federal

courts.

May

ove

rrid

e

pres

iden

tial v

eto

by a

2/3

vote

May

vet

o le

gisl

atio

n

(law

s) p

asse

d by

Con

gres

s

Can declare executive

Actions unconstitutional.

Makes nom

inations

To the Supreme Court

Laws specifically passed by a governing body created for that purpose.Laws passed by

the U.S. Congress state legislaturesCity councils, and town

meetingsU.S. Congress and state legislatures pass statutes.Cities and towns pass ordinances and bylaws.

Word Wall:

•statutes

The Government of Pennsylvania

Executive Branch

Governor Ed Rendell

House of Representatives Senate

General AssemblyStatutes st

art here

Court-made law is also called case law,common law, and judge-made law.Made through the common law tradition by interpreting statutes and by judicial review. Decisions made by the highest court of any state become the law of the that state.Interpreting confusing or incomplete statutes falls to the courts after a lawsuit has been filed.Courts also determine the constitutionality of laws and government activities.

Word Wall:

•precedent

•Unconstitutional

•Common law

Administrative agencies are set up by federal, state, or local governments to regulate a particular activity in the public’s interest. Regulation requires expert knowledge of a particular field and requires significant time.Considered hidden lawmakers making rules that affect business and industry as well as individuals.Agencies hold public hearings when new regulations are being proposed.

These agencies:Make their own rules.Enforce their rules.Investigate violatorsDecide guilt or innocence.

Word Wall:

•administration law

•Public hearingsExamples:

EPA

OSHA

FCC

FDA

FYI: More laws are generated by Regulatory agencies than by any other source.

Law that applies to the conduct of countries.Treaties ( agreements or contracts between countries) are the most common form of international law. Treaties may regulate commerce, environmental issues, or the status of refugees and other issues.The EU (European Union) and the UN (United Nations) are important institutions in international law.

Word Wall:

•Treaty

•United Nations