Law Ethics and Morality

Professional boards and organizations have

written codes which hold members to a
higher standard than the law imposes- ethics
codes
Violation can lead to revocation of license,
suspension of rights to practice, censure, or
penalties
Organization size, individual anonymity, and
specialty labor contribute to ethical lapses

Law Ethics and Morality

Law- constitution, statutes, regulations,
codes, cases
Ethics- systems of acceptable behavior
adopted by a group or profession
Morality- system of acceptable behavior
adopted by a particular person
People 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 argument
Look 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 live
Most religious value systems are
objective
Subjective theories state you cant
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
objective
Professional 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
{Kants 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