How are ethics reflected in laws?

How are ethics reflected in laws?

Because the U.S. legal system is grounded on majority rule, the laws are judged to be right or good when they affect the majority of the people positively. Laws are judged to be wrong when they affect the majority negatively.

The government, which is empowered by the U. S. Constitution, seeks to ensure that the federal lawmaking system provides the greatest good for the greatest number of people. However the Constitution also seeks to protect minorities that might be taken advantage of by the wrong actions of the majority.

This is effected by the rights established in the first ten amendments to the Constitution. This protection of basic human rights established in the Bill of Rights and other civil rights laws reflects the ethical bases of rules.

Think about consequences-based ethics and rule-based ethical reasoning. Write a brief paragraph describing a scenario in which breaking the rules has an ethical outcome.

Think about consequences-based ethics and rule-based ethical reasoning. Write a brief paragraph describing a scenario in which breaking the rules has an ethical outcome.

A parent rushing a sick child to the hospital in the middle of the night might not make it to the hospital in time to save the child's life if he or she obeys the traffic laws. However, if the parent ignores the laws and risks getting a ticket the child's life will be saved.

How are ethical decisions reasoned out?

How are ethical decisions reasoned out?

An ethical decision is one that is reasoned out typically by referring to a written authority that provides consistency. The law is such an authority.

How does the majority rule principle demonstrate consequences-based reasoning in our laws?

How does the majority rule principle demonstrate consequences-based reasoning in our laws?

When laws are made to protect the rights of the majority, the greatest number of people benefit, which is the basis of consequences-based reasoning.

Why do the two forms of ethical reasoning, consequences-based and rule-based, usually result in the same decision, and what is the probable cause when they do not?

Why do the two forms of ethical reasoning, consequences-based and rule-based, usually result in the same decision, and what is the probable cause when they do not?

Both forms of ethical reasoning assume that human beings have dignity and worth, and therefore consequences-based reasoning usually produces bad consequences for actions that violate rule-based reasoning. However, when the decisions differ it may be because not all consequences were correctly foreseen or impartiality was not used in evaluating consequences.

Describe the differences between criminal and civil law, substantive and procedural law, and business law and other forms of law.

Describe the differences between criminal and civil law, substantive and procedural law, and business law and other forms of law.

Civil laws govern offenses against individuals while criminal law addresses offenses against society. Procedural law deals with methods of enforcing legal rights and duties while substantive law defines rights and duties for all conduct except that involved in enforcement. Business law specifically covers rules that apply to business situations and transactions; however, other kinds of laws may also affect business practices.

How are conflicts between constitutional, statutory, case, and administrative laws resolved?

How are conflicts between constitutional, statutory, case, and administrative laws resolved?

The federal Constitution is the supreme authority. The validity of laws is determined by whether they violate authority granted by constitutions or legislative bodies or conflict with laws enacted by higher authorities.

How are constitutional, statutory, case, and administrative laws created?

How are constitutional, statutory, case, and administrative laws created?

The adoption or amendment of a constitution creates constitutional laws. Legislatures and local governments through authority granted by constitutions enact statutory laws. Administrative laws are created by agencies of the federal, state, and local governments within the authority granted by legislatures. Case law is made through decisions of federal and state courts.

How can a single act violate more than one kind of law, such as both civil law and criminal law? Give an example.

How can a single act violate more than one kind of law, such as both civil law and criminal law? Give an example.

A single act may be both an offense against society and a violation of private legal rights of an individual. For example, a drunk driver who wrecks someone else's car has violated both a criminal law by driving while intoxicated and a civil law by damaging the property of another.

What determines whether a particular law, statute, ordinance, or regulation is valid?

What determines whether a particular law, statute, ordinance, or regulation is valid?

Any federal, state, or local statute, case law, or administrative decision is not valid if it conflicts with the federal Constitution.

How is power allocated between federal, state, and local governments?

How is power allocated between federal, state, and local governments?

The federal Constitution delegates powers between the federal and state governments. State governments grant some legislative authority to local governments. In addition, state and federal constitutions allocate governmental powers among the executive, legislative, and judicial branches of the governments.

Identify the origin of the U.S. legal system.

Identify the origin of the U.S. legal system.

The U.S. legal system is derived from several different sources such as the English common law and Roman civil law.

Describe the differences between common law and positive law.

Describe the differences between common law and positive law.

Common law is based on the current standards and customs of the people and is usually pronounced by judges in settling people's disputes, while positive law is set down by a central authority to prevent disputes and wrongs from occurring in the first place.

Explain the stages in the growth of law.

Explain the stages in the growth of law.

The four stages in the growth of law are: 

1. Individuals take revenge for wrongs done to them. 
2. Awards of money or goods are substituted for revenge.
3. Court systems are formed.
4. A central authority figure intervenes to prevent and punish wrongs.

What powers do the courts have when personal or private property is damaged or destroyed?

What powers do the courts have when personal or private property is damaged or destroyed?

In property matters, courts may enter a judgment to compel specific actions, such as paying damages, or issue an injunction to prohibit something from being done.

Why do societies need laws and courts?

Why do societies need laws and courts?

Societies need laws to protect individuals and to settle disputes between individuals. Courts are needed to settle disputes, award damages, and prevent or punish wrongs.