Transcript Ch 1 - Part 3 - Ethics in Our Laws

Chapter 1: Ethical
Bases for Laws
Part 3 : Ethics and the Law
Ethics

Ethics is a practice deciding what is
right or wrong in a reasoned, impartial
manner. To involve ethics, a
decision must effect your or
others in a significant way.
Three Elements of Ethics
1.
2.
3.
Decision about
right or wrong
Decision is
reasoned
Decision is
impartial
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Ethical Dilemmas



For most circumstances these two forms of
moral reasoning reach the same conclusion
– as with our example of lying
However, when these two types of
reasoning conflict, this is when we face the
most difficult moral decisions
Examples:
–
–
IRS fraud
Lying to prevent someone’s feelings from being
hurt
A Question of
Ethics
Sharon is knowledgeable about tax laws and
how the Internal Revenue Service (IRS)
audits tax returns. She knows a way to
cheat on her tax return that would save
her almost $2,000. She thinks her chance
of being caught is about one in 1,000.
Would it be ethical for Sharon to prepare
her tax return in this way? Why or why
not?
Consequential Reasoning


Definition: Rightness and wrongness is
based only on the consequences or the
result of the action
General Example:
Lying usually
produces a bad
consequence
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Consequential Ethics
Reflected in Our Laws

Our system of government is grounded in
majority rule
– Laws are judged to be right or good when
they effect the majority of the people
positively
– The federal lawmaking system provides the
greatest good for the greatest number
– Therefore, a good legal decision = good
consequences

Example: Picking up dog poo at parks
Are we ever ethically justified
in violating the law?


Dr. King’s march in Alabama was an act of civil
disobedience
Civil Disobedience: An open, peaceful, violation
of a law to protest its alleged injustice
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Are we ever ethically
justified in violating the
law?
In the early 1960’s, Martian Luther King, Jr., wanted to
lead a march into Birmingham, Alabama, to protest
racial segregation in that city. When he applied for
a parade permit, his request was denied. Dr. King,
knowing that his conduct was illegal, led the nonviolent march anyway. He was at the front of the
line and allowed himself to be arrested, although he
could have easily escaped. He went to jail.
Community leaders were highly critical of Dr. King
because he had violated the law. In response, he
wrote a famous letter attacking segregation laws as
being inconsistent with deontological and
consequential ethical reasoning. Is there an ethical
justification for Dr. King’s violation of the law?
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