Lecture Notes: Decision-Making in Value, Issue, and Private Law

Introduction

• Focus of lecture: Decision-making in value, issue, and private law.
• Previous session: Covered ethical theories (teleology, deontology, and utilitarianism).
• Current session: Discussing virtue ethics and divine command ethics.

Ethical Theories

Virtue Ethics

• Focuses on the moral agent's character rather than actions.
• Emphasis on traits like kindness, empathy, and respect.
• Example: A nurse showing compassion to a terminally ill patient.

Divine Command Ethics

• Based on religious beliefs and alignment with what is perceived as God’s will.
• Example: Following religious commandments like the Ten Commandments in Catholicism.

Legal Systems

Public Law

• Governs relationships between private parties and the government.
• Example: Public-Private Partnerships (PPP) in transportation projects.

Private Law

• Deals with relationships among individuals or private parties.
• Involves contracts without government involvement.

Tort Law

• Legal wrongs committed against a person or property, independent of a contract.
• Objective: Compensation for injury or wrong suffered.
• Types of torts:
  • Strict Liability
  • Intentional Torts
  • Negligence

Negligence

• A class of torts, often heard in professional settings.
• Commission: Incorrect acts (e.g., wrong medication dosage).
• Omission: Failure to act (e.g., not reassessing a patient).

Common Forms of Negligence

• Malfeasance: Performing an improper/unlawful act.
• Misfeasance: Improper performance of an act.
• Non-feasance: Failing to act where there's a duty.

Criminal Negligence

• Reckless Imprudence: Acts done without malice.
• Simple Imprudence: Lack of foresight or precaution.

Intentional Torts

Mnemonic: "Bad FIN"

• Battery: Offensive touching.
• Assault: Threat or verbal attack.
• Defamation of Character: Libel (written) and slander (spoken).
• False Imprisonment: Illegal confinement.
• Invasion of Privacy: Breaching personal privacy.

Review of Ethical Concepts

Ethics

• Ethos: Greek for moral duty.
• Involves standards for judging right or wrong.

Bioethics

• Moral issues in healthcare.

Nursing Ethics

• Application of ethical principles in nursing.

Professional Ethics

• Maintenance of professional relationships and conduct.

Code of Ethics for Registered Nurses

• Outlines responsibilities to people, practice, coworkers, society, and the environment.

Recap of Key Ethical Theories

• Teleology: Consequence-oriented (outcome matters).
• Deontology: Duty-oriented (preservation of life).
• Utilitarianism: Greatest good for the greatest number.

Conclusion

• Summarized key ethical and legal concepts for the prelims.
• Encouragement for upcoming examinations.