CHAPTER 1. Laws and Their Ethical Foundation
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1 CHAPTER 1 Laws and Their Ethical Foundation
2 Section 1 Laws and Legal Systems
3 What is law? Enforceable rules of conduct in a society that reflects the culture and circumstances that create them.
4
5 4 Stages of Growth in Law 1. Individuals take revenge for wrongs done to them. * Gang Wars--Eye for an eye. 2. A powerful leader or other form of central authority substitutes an award of money or goods for revenge. *Authority forces injured parties to accept awards of $ or goods as a substitute for taking revenge.
6 3. The leader/authority gives power to a system or courts. *Too many cases not enough time. 4. The leader/authority acts to prevent and punish wrongs. *Prevents fires BEFORE they even start.
7
8 Common Law Laws are created based on the current customs of the people. Ex: After hearing a case, a judge decides it is illegal to grow marijuana in your backyard.
9 Positive Law Laws are handed down by authority to prevent disputes and wrongs from occurring in the 1 st place. *Similar to Roman Civil Law
10 Origin of the U.S. Legal System A. ENGLISH COMMON LAW B. ROMAN CIVIL LAW C. EQUITY: AN ALTERNATIVE TO COMMON LAW
11 ENGLISH COMMON LAW Barons acted as judges within their territories. Disputes (issues) were settled based on the local customs of the area. i King s/queen s Bench created. i. Good weather-ride circuit. ii. Bad weather-stayed in London to appeal cases. ii. Juries created to keep cases in line with customs of the people.
12 Example pg. 7 William - left Jury said Gwen won. Gwen - right William fought it and won. Law is now changed
13 English Common Law Advantage Laws change with the needs of society Disadvantage Can create no stability in the law due to the ever changing rules. Roman Civil Law Written, well, organized, comprehensive sets of rules in code form.
14 Equity: an alternative to Common Law Instead of awarding goods or $ for winning a case, the judge would order an injunction Ex: Farmer decides to dam up a neighbor s stream. Judge orders farmer to stop building the dam and take it down.
15 Section 2 Types of Laws
16 Laws come from.. 1. Constitutions 2. Statutes (State Laws) 3. Court Cases (common law) 4. Administrative Regulations (Agencies)
17 1. Constitutions Sets the framework for the government and its relationship to the people it governs. * HIGHEST SOURCE OF LAW You are governed by: U.S. Constitution (overrules state constitution) State Constitution (each state has their own) Constitutional Law when constitutions are adopted (added) or amended (changed).
18 Powers of Constitutions Allocation of Power: 1. Between the People and Their Governments. *Bill of Rights 2. Between Federal and State Governments. *Fed controls Interstate Commerce 3. Among the 3 Branches of Government. o o o Legislative (creates) Executive (enforces) Judicial (interprets)
19 Federal constitution created.congress State constitution created state legislatures 2. Statutes- Laws enacted by legislatures at the state level. Ordinances: Laws at the local/city/town level.
20 3. CASE LAW Made after a trial has ended and a party appealed the result to a higher court. The effectiveness of case law arises out of the doctrine stare decisis which is Latin for let the decisions stand. It requires that lower courts must follow established case law in deciding similar cases.
21 4. Administrative Regulations Federal, state, and local legislatures all create administrative agencies = governmental bodies formed to carry out particular laws. Ex: Dept. of Motor Vehicles (DMV)
22 Validity of the 4 sources of Law 1. Constitutions- the Supreme law of the land. Any federal, state, local, or case law, or administrative decisions is NOT valid if it conflicts with the federal constitution and is considered unconstitutional
23 Validity continued 2. Statutes- Even though a statute or an ordinance may be valid, courts must check that these laws are within their scope of power. 3. Case Law- Not always the end of the road. A legislative body can always revise the statute.
24 Validity continued 4. Administrative Regulations- are reviewed by courts. The courts can null any rule an administrative regulation makes if they make it outside they scope of power.
25 Crime against individual Crime against society
26
27 Procedural Law Methods of enforcing legal rights & duties How & when police can make an arrest Substantive Law Defines legal rights & duties Defines offenses: what is murder, theft, burglary, etc..
28 Rules about business situations & transactions. *Civil Law
29 Uniform Commercial Code (UCC) a set of statutes governing the conduct of business, sales, warranties, negotiable instruments, loans secured by personal property and other commercial matters, which has been adopted with minor variations by ALL STATES EXCEPT Louisiana.
30 Section 3 Ethical Bases for Laws
31 ETHICS DECIDING what is right or wrong. A decision MUST affect you or others in a SIGNIFICANT way. Reasoned out usually by referring to a written authority that provides CONSISTENCY. Decisions is based on REASON, not emotion.
32 Besides being reasonable an ethical decisions should be impartial. Impartiality- same ethical standards apply to everyone. Business ethics ethical principles used in making business decisions. *Profit maximization
33
34 Consequence-Based Reasoning What is right/wrong is based only on the RESULT of the action. a. Look at the alternatives b. Forecast(predict) the consequences c. Find the greatest good.
35 Rule-Based Reasoning You are either right or wrong. Determined by: Authority figure Human reasoning Universalizing picturing someone else doing what you might do
36 Ethics Reflected in Laws Consequence-based is used in the United States Laws are deemed right/wrong based on how they affect the majority. *Bill of Rights Which can cause more problems Consequence or Rule based?
37 Fidelity bonds because you can t always trust who work for you. Scofflaw people who don t obey minor laws and don t care. *Speeding, running a red light
38 CIVIL DISOBEDIENCE Considered ethical when: Written law is in conflict with ethical reasoning No effective political methods are available to change the law Disobedience is non violent Disobedience is public and one is willing to accept the punishment for violating the law.
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