Lecture/Tutorial Notes – Business Law and Ethics Tutorial 1: Introduction – Ethics, Jurisprudence and Justice 2



Download 76.4 Kb.
Page1/13
Date11.01.2021
Size76.4 Kb.
  1   2   3   4   5   6   7   8   9   ...   13

Lecture/Tutorial Notes – Business Law and Ethics

Tutorial 1: Introduction – Ethics, Jurisprudence and Justice 2

1.1Introduction to Law, Ethics and Morality 2

What is Law? 2

Ethics 4

1.2Jurisprudence: The Natural School of Law 5

Classical Naturalist Philosophers 5

Modern naturalists 6

In the 20th century, there has been debate over the nature of law 7



1.3Jurisprudence: Other Schools of Law 8

The Positivists 8

The Pure Theory of Law 9

The Neo-Analytical School 10

The American Realists 11

Feminist Legal Theory 11

Utilitarianism 11

1.4The Provision of Justice 12



Tutorial 1: Introduction – Ethics, Jurisprudence and Justice

    1. Introduction to Law, Ethics and Morality

What is Law?


  • Mrs. Dababneh’s Tutorial Defn.
    Law is a set of rules regulating peoples’ interactions with each other with are enforceable through sanctions.

  • Dr. D. Meltz
    Law is a complex system of social control, regulating conduct and governing ruled between various relationships. It adjudicates disputes and punishes offenders, thus preventing vigilantism, violence and the breakdown of social order.

  • H. L. A. Hart Concept of Law
    “The most prominent general feature of law … is that its existence means that certain kinds of human contact are no longer optional but in some sense obligatory”
    A law is a social rule which is obligatory and physically sanctioned

Influences on Law

  • Religion
    e.g. the laws of marriage (same sex marriage illegal after religious moralities)

  • History
    e.g. land law

  • Politics
    e.g. WorkChoices: Howard implementing them and Rudd reversing them as per their political persuasions

  • Economic influences and theory
    e.g. Trade Practices Act strongly influenced by the economic theory of competition

  • English “common law”
    though Australian and British legal systems have since diverged due to GB joining the EU and adopting many of their adversarial law based laws

  • Regional and int’l developments
    e.g. AUSFTA and other free trade agreements

Expectations on the law

  • Law is expected to provide the “Rule of Law”, as well as justice in society. This includes the following precepts central to the “Rule of Law”

    • Law applies equally to all citizens

    • One cannot be punished for actions that aren’t expressly illegal

    • Law is not retrospective

Types of Law

There are two main types of law – the Common Law system (as used in Australia, Britain and many other Commonwealth nations) and the Adversarial system (as used in most of mainland Europe)



  • The Common Law System is based on “common judgments for common crimes”

    • Judge is neutral, elected by peers and decides the sentence

    • There is a jury of common man, who decide the facts of the case

  • The Adversarial System is based on a series of codified laws (i.e. derived from Roman law, etc.)

In many ways, the minor courts of Australia are moving towards an adversarial system, especially in Family law.

Ethics


Defining Ethics:

  • Ethics are a moral standard that encode a consensus on social interactions and right and wrong in society (Mrs. Dababneh). Ethics “Inquires into the moral values of human behavior and conduct, analyzing ‘how we ought to act’”.

    • These are derived from Reason, Custom and Education

    • People act ethically to preserve Reputation (the relative esteem in which one is held) and Character within a particular industry or social group. This in turn confers legitimacy.

  • Ethics are the system encapsulating moral values and beliefs through which human actions are judged and moral duties and obligations are established (Dr. D. Meltz)

Ethics balances the following attributes:

Right”

Wrong”

Integrity

Probity

Honesty

Instinct

Wisdom

Experience

Moral courage

Empathy

Belief in self

Inner strength

Greed

Egoism


Acquisitiveness

Opportunism

Apathy

Folly


Moral cowardice

There is current debate on whether or not morality should be legally enforced:




Share with your friends:
  1   2   3   4   5   6   7   8   9   ...   13




The database is protected by copyright ©essaydocs.org 2020
send message

    Main page