Morality and Ethics: Morality - Principles concerning the distinction between right and wrong or good and bad behavior. Come from our individual beliefs and actions Governed by cultural/societal norms Examples of Morality: Telling the truth Refraining from cheating Keeping promises Being accountable Ethics - Moral principles that govern an individual’s behavior or the conducting of an activity (typically in an organizational setting). Derived from the Greek word, ethos, which can mean custom, habit, character, or disposition A code of morals that is set forth by an organization, business, company, or school, etc. Three most common ways that individuals tend to make ethical decisions: Feelings and opinions - Based on individuals The greatest good - Making an ethical decision based not only upon how it will affect you but also a greater number of others The golden rule - “Do unto others as you would have them do unto you.” Why Laws are Necessary: Law consists of rules of conduct established by the government of a society to maintain stability and justice in that society Ethical and Legal Conflicts: Ethics and the law may conflict at times due to the fact that law is created by human beings, who are imperfect Although laws may be imperfect, or sometimes divisive, having laws in place is a better system than letting individuals set up their own rules and handle their own disputes Examples of societal/political issues that might be legal but also divisive in society: Abortion Assisted suicide 2nd Amendment Where Laws Come From: U.S. Constitution - The basic foundation for the laws of our country. It sets forth the fundamental rights of citizens and defines the limits within which federal and state governments can pass laws. Signed/ratified on September 17, 1787 (1st to sign was George Washington) The Father of the Constitution is James Madison The three main overarching points of the Constitution are: Separation of power Establishing the 3 branches of national government Ensuring citizens of our civil liberties Possesses 27 total Amendments and 7 Articles Articles I, II, and III outline the authority of the three main branches of our government Article I - Legislative Branch (Congress) Article II - Executive Branch (Office of the POTUS) Article III - Judicial Branch (U.S. Supreme Court) The first 10 Amendments are known as the Bill of Rights, which work to limit the powers of the government. Their basic purposes is to protect the rights of individual citizens State Constitutions - Each state has its own Constitution State constitutions are more narrow, restrictive, and protective than the U.S. Constitution State Constitutions must remain in compliance with the ideals and principles found within the U.S. Constitution English Common Law - Developed in England primarily from judicial decisions based on custom The legal system of the U.S. (except for Louisiana) is rooted in English Common Law principles Early American colonists and settlers came from England and adapted English Common Law to our customs here In English Common Law, every effort was made to share the same law “in common” with everybody else throughout the country Statutory Law - Statutes are laws that can be passed by all levels of government (U.S. Congress, state legislatures, local city councils, and town meetings) Each state has its own legislature which has the job of creating or passing statutes. A state statute that conflicts with the principles found in the U.S. Constitution may be deemed “unconstitutional” Laws, at the federal level, are passed by Congress and signed into law by the president Court Decisions - Court made law is also referred to as “case law” Courts can make law through Common Law principles Decisions made by the highest court in each state (or the U.S. Supreme Court) become law and must be followed by other courts thereafter, which is called “precedent” Precedent - Under the doctrine of precedent, a judge (or court) is required to follow earlier court decisions when deciding a case with similar circumstances Precedent is referred to as “stare decisis,” which means “to stand upon decisions” Example of precedent: In 1896, through the landmark Supreme Court case, Plessy vs. Ferguson, the SCOTUS established the legal determination that separate is equal. All lower level courts, federal or state, had to abide by this legal determination until 1954. In 1954, this determination was challenged through another landmark Supreme Court Case, Brown vs. The Board of Education of Topeka, Kansas, which reverses the determination that separate is equal. Therefore, the SCOTUS reestablished the precedent set forth by law. Administrative Laws - Federal administrative agencies are created by Congress to enforce statutes and to develop regulations These agencies assist the legislative branch in developing laws and the executive branch in executing laws Administrative Agencies have the power to: Create their own rules and regulations Enforce those rules and regulations Investigate violations of those rules and regulations Decide the guilt or innocence of those who violate their rules and regulations Administrative Agencies can include departments, agencies, commissions, bureaus, boards, government corporations, and committees Examples of various Independent Agencies are: Federal Bureau of Investigation Social Security Occupational Safety and Health Administration Securities and Exchange Commission Federal Trade Commission The Federal Reserve Examples of Executive Agencies: Department of Defense Department of Justice Department of Homeland Security Internal Revenue Service Department of Human Health Services