section 1.1 defining ethics - davis school district / overvie · understanding business and...
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1 Chapter
SECTION OPENER / CLOSER: INSERT BOOK COVER ART
Defining Ethics Section 1.1
Understanding Business and Personal Law
Defining Ethics Section 1.1
Ethics and Law
Section 1.1 Defining Ethics
Section 1.2
Sources of Law
1 Chapter Ethics and Law
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Why It’s Important
Learning how to apply ethical principles will help you make ethical decisions.
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Pre-Learning Question
How do you make ethical decisions?
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How Ethical Decisions Are Made Determining the difference between right and wrong can be difficult. Individuals use different methods to choose the right thing to do in any given situation.
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How Ethical Decisions Are Made Morality involves the values that govern a society’s attitude toward right and wrong. Ethics, in contrast, are the means for determining what a society’s values ought to be.
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How Ethical Decisions Are Made Throughout your life, you will face many ethical problems. Adopting a consistent ethical standard can help you with big or small moral problems.
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Feelings and Opinions Some people base their ethical standards on whether or not the act “feels” right.
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The Greatest Good Some people feel that an action that creates the greatest good for the greatest number of people is a sound basis for making ethical decisions. Example 2 – page 7
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The Golden Rule Others base their ethical standards on the Golden Rule, which states:
“Do unto others as you would have them do unto you.”
The heart of the Golden Rule is
EMPATHY
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Ethical Character Traits Honesty is being open and truthful with other people. Justice is treating other people fairly and equally.
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Ethical Character Traits Compassion is being sympathetic to the difficulties of others. Integrity is doing what is right regardless of personal consequences.
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Describe the characteristics of justice.
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ANSWER
Treating people fairly and equally.
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Pre-Learning Question
How do you think ethics relates to law?
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If everyone made the same ethical decisions with the same results, there would be no need for law. In the real world, however, some people engage in conduct that most people agree is wrong.
The Relationship Between Ethics and Law
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Why Law Is Necessary Law is the system of rules of conduct established by the government of a society to maintain stability and justice.
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Why Law Is Necessary
Law defines the legal rights and duties of the people and provides the means of enforcing these rights and duties.
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Ethics and Legal Conflicts Because law is made by people, it is imperfect.
Legislators and judges bring their own personal opinions on ethics to the lawmaking process.
As a result, ethics and law will sometime conflict. Example: Obey the Ethics of journalism by refusing to identify the source of the story, however refused to obey the legal order of a judge to identify the source.
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Define law.
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ANSWER
Law is the rules of conduct established by the government of a society to maintain stability and justice.
End of Section 1.1
1 Chapter
SECTION OPENER / CLOSER: INSERT BOOK COVER ART
Defining Ethics Section 1.2 Sources of Law
Understanding Business and Personal Law
Defining Ethics Section 1.1
Ethics and Law
Why It’s Important
Learning how the law is made will help you make decisions regarding your legal responsibilities.
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The Five Main Sources of U.S. Law Constitutional Law Common Law Statutory Law Court Decisions Administrative Regulations
Section Outline
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Constitutional Law A country’s constitution spells out the principles by which the government operates. In our country, the most fundamental law is the U.S. Constitution
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The U. S. Constitution sets forth the fundamental rights of citizens defines the limits within which the federal and state governments may pass laws describes the functions of different branches and divisions of our national government
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The U. S. Constitution consists of 7 articles and 27 amendments the articles establish the national government the amendments outline the rights of the people The constitution was ratified in 1787 (Articles of Confederation and US Constitution)
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1.2
The Articles of the Constitution
of the United States, in order to form…
Article I. The Legislative Branch Article II. The Executive Branch Article III. The Judicial Branch Article IV. Relations Among States Article V. The Amending Process Article VI. National Supremacy Article VII. The Ratification of the Constitution Look at Figure 1.3 on page 15
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Amendments • First 10 are called Bill of Rights
– limit the power of the government The basic purpose is to protect two kinds of rights.
– rights of individual liberty – rights of persons accused of crimes
• The other 17 amendments are revisions made to the constitution.
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State Constitutions • Each state has its own constitution • Not identical to the federal
Constitution • Can be more protective, narrow, and
more restrictive
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Common Law In the early days of English history, judges traveled in circuits around England deciding cases.
Because there was no written law, judges made decisions based on customs and traditions.
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Judges shared their decisions with other judges. They tried to share the same law “in common” with everyone else throughout the country. This practice formed the basis of common law.
Common Law
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Common law led to the doctrine of precedent, which means a judge is required to follow an earlier court decision when deciding a case with similar circumstances. Stare decisis means “let the decision stand.”
Precedent
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Precedent • What rules are established in your
home because it follows a precedent? • What “laws” exist between parents
and children?
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How many amendments are there to the U.S. Constitution?
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27
ANSWER
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Statutes are laws specifically passed by a governing body, such as the U.S. Congress, state legislatures, and city councils.
Statutory Law
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A statute may order people to do something, such as pay taxes or sign up for the military draft. Or a statute may forbid people from doing something, such as discriminating in employment.
Statutory Law
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Federal statutes are laws passed by Congress and signed by the president.
State statues are laws passed by a state’s own legislature, or body of lawmakers.
Statutory Law
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Federal and state statutes cannot conflict with the U.S. Constitution, or they may be ruled unconstitutional, or invalid by the Supreme Court.
Statutory Law
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Courts make laws in three ways: Court Decisions
1. through common-law tradition 2. by interpreting statutes 3. by judicial review
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Legislatures often give the power to regulate a particular kind of activity to an administrative, or regulatory, agency. (i.e. FCC, FDA, FTC) Administrative law consists of those rules and procedures established by regulatory agencies.
Administrative Regulations
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Sunflower City passed an ordinance that requires all commercial signage to incorporate a sunflower into the design. What is the source of this law?
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ANSWER
Statutory law
End of Section 1.2