Law Ethics and Morality

Professional boards and organizations have written codes which hold members to a higher standard than the law imposes- ethics codesViolation can lead to revocation of license, suspension of rights to practice, censure, or penaltiesOrganization size, individual anonymity, and specialty labor contribute to ethical lapses

Law Ethics and Morality

Law- constitution, statutes, regulations, codes, casesEthics- systems of acceptable behavior adopted by a group or professionMorality- system of acceptable behavior adopted by a particular personPeople of common morality often join together in forming community

Law Ethics and Morality

Common moralities and values lead to development of culture by people living in close proximity Culture creates a shared ethical

system Laws evolve from the ethical system

when the culture forms a government or other enforcement system

Law Ethics and Morality

Values- judgements about “good and bad” relating to worth of behaviors.

Cultural values can vary. Moral equivalence is subject of

argumentLook for common social goods such as

equity, equality, justice, fairness, quality of living, civil interactions, etc.

Law Ethics and Morality

Objective theories reject moral equivalence- believe there is a right and a wrong way to liveMost religious value systems are objectiveSubjective theories state you can’t judge another culture

Law Ethics and Morality

Subjective theories Nihilism- no right or wrong, therefore

no basis to judge and no standards Subjectivism- truth is internalized,

only the individual can know what is right for them

Relativism- ethics depend on the cultural practices of the people following the ethical systems

Law Ethics and Morality

Most professional ethics systems are objectiveProfessional ethics are usually codified (NSPE code for engineers, AMA code for medical professionals, CPA code, etc.)Applications of ethics are more general and informal (e.g. business ethics, animal rights)

Law Ethics and Morality

Decision Rules depend on the ethical system being followed- Utilitarianism (British)- greatest good for the

greatest number Deontology (German)- follow the right rule or

duty {Kant’s Categorical Imperative} Justice (Rawls, French influence) - choose the

action which least harms the worst-off person affected by the decision

Teleology (Aristotle and the Greeks)- the right ethical choice depends on the end you seek

Law Ethics and Morality

Ignorance, greed, need, cost of getting caught, mental state, family influence, religiosity, social status, education, situation pressure, manager oversight and gender all influence ethical choices Women frequently use and “Ethics of Caring”- Carol Gilligan- centered more on relationships than outcomes

Law Ethics and Morality

International ethics is very complicated Foreign Corrupt Practice Act- illegal to bribe

foreign officials, but bribes can be hard to define

Extraterritoriality- laws in one country are applied to citizens of another

Home and Host- companies must obey the laws of the home country and the laws of the host country- can cause conflicts

Western ethics value the individual and their role in promoting the “good society” more than most other cultures