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Law for Business Mr. Bernstein How Is Ethics Expressed In Our Laws?, pp 31-35 September 19, 2014
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Law for Business Mr. Bernstein Majority Rule Laws tend to be Consequences-Based: Are outcomes better for the majority? But American laws still reflect Rules-based Fundamental Ethical Reasoning There are limits to the will of the majority This is recognized by the Declaration of Independence and the Constitution Where does Wildwood “Saggy Pants” law fall? 2
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Law for Business Mr. Bernstein Why Are We Obligated To Obey Laws: Ethics Consequences-Based Reasoning Breaking law results in bad consequences overall We want to avoid punishment Fundamental Ethical Reasoning Universalize the decision: If everyone broke the laws, society would become irrational, illogical and self-defeating We Consent to be Governed 3
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Law for Business Mr. Bernstein Are We Ever Justified In Violating The Law? Dr. Martin Luther King: Disobedience is justified only if: Written law is in conflict with ethical reasoning Effective political methods are unavailable Disobedience is nonviolent Disobedience does not advance one’s immediate self-interest Disobedience is public and one willingly accepts punishment Other examples of Civil Disobedience Gandhi Vietnam War protestors Greenpeace Boston Tea Party Teacher’s Strike 4
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