Lesson 3 Ethics vs Law

Cultural Differences play what role in dillemas?

they create difficulty in determining what is and is not ethical. Difficulties arise when one community's ethical construct conflicts with ethics of another community.

Evidence of Discrimination/Bias

1. Statistical Analysis: numerical analysis that suggests groups are treated or affected differently 2. Direct evidence showing deliberate intention in a particular case: various documents, conversations, compensation patterns, etc.

Law

1. The system of rules of conduct established by the government of a society to maintain stability and justice. 2. Defines the legal rights and duties of the people and provides the means of enforcing these legal rights and duties. Laws carry sanctions of a governing body; ethics do not.

The relationship between ethics and law

A relationship does exist between law and ethics. In some instances, law and ethics overlap (related) and what is supposed as unethical is also illegal. e.g., lying on the stand under oath. In other situations, ethics and law do not overlap. e.g., predatory loans. In some situations, ethics and law conflict. e.g., restricting the rights of citizens to abuse power.

Forms of Discrimination (or Bias)

Intentional: Deliberate and conscious, based on negative stereotypes about group. Unconscious: Not deliberate, but unconsciously based on negative stereotypes. (bias is feeling uneasy ab ga tech students, discrimination is actively choosing not to hire them)

Consequence-Based Ethics

Priority is given to choices that lead to a "good" outcome (consequence). The outcome outweighs the method. Utilitarianism: The "right" choice delivers the greatest good to the most people. Individualism: The "right" choice is best for long-term self-interest.

Rule-Based Ethics

Priority is given to following the rules without undue regard to the outcome. Rules are often thought to codify principles like truthfulness, right to freedom, justice, etc. Moral-Rights View - the "right" choice is that which respects fundamental rights shared by all human beings. e.g, never tell a lie Rule-Based/Justice View - the "right" choice is that which is impartial, fair, and equitable in treating people; exists for the benefit of society and should be followed.

Codes of Ethics and Professional Organizations

Professional boards and orgs have written codes which hold members to a higher standard than the law imposes. violation of such a code can lead to a revocation of license, suspension of rights to practice, censure, or penalties.

Legally recognized 'Protected Classes'

Race, Color, Sex, Religion, National Origin, Citizenship, Age, Pregnancy, Familial Status, Disability Status, Veteran Status, Genetic Information

Criminal Law Definition

addresses violations harmful to society; actively enforced by the state

Equality of Opportunity

ensuring that decision-making processes treat similar people similarly on the basis of relevant features, given their current degree of similarity

Dilemma

occurs when a decision, that could benefit a person, organization, or both, might also cause harm to others.

Private Law Definition

regulates relationships between individuals and organizations; encompasses family law, commercial law, and labor law

Public Law Definition

regulates structure/administration of government agencies and relationships with citizens, employees, and other governments; encompasses criminal, administrative, and constitutional law

Privacy

right of individual to control personal information

Accessibility

what information does an organization have the right to collect? Under what safeguards? What can they do with it after?

Accuracy

who is responsible for the authenticity, fidelity, and accuracy of information?

Property

who owns the information? who controls access?

Ethics

1. Defined as the set of moral principles that distinguish what is right from what is wrong. 2. Moral Standards: rules about the kinds of actions that are morally right or morally wrong, as well as the values placed on what is morally good or bad.

Discrimination Law

Law prohibits unfair treatment/decisions made on the basis of human characteristics; which results in harm suffered by someone. Discrimination is prohibited on the basis of membership in a protected class-group which has historically been discriminated against.

Regulated Domains in Law

There are a number of domains that are regulated by government (which extends to business practices involving marketing and advertising) The purpose of regulations is to achieve certain publicly desired goals that the market may fail to realize (protect the public). e.g., credit (equal opportunity act), education (education amendments of 1972, civil rights act of 1964), employment (civil rights act of 1964), housing and `Public accommodation` (fair housing act, civil rights act)

What is a way to think about the benefits and harms of a dilemma?

To consider and understand our vital life interests (food, water, air, shelter) as well as our quality-of-life interests (happiness, family, friendship, etc)

Equality of Outcome

a notion of equality of opportunity that forces decision-making to treat seemingly dissimilar people similarly, on the belief that their current dissimilarity is the result of past injustices.

Civil Law Definition

governs nation or state; manages relationships/conflicts between organizational entities and people; recorded in volumes of legal "code" available for review by the average citizen