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 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
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
{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