Ethical Frameworks in Philosophy

Ethical Frameworks

• Utilitarianism: Focuses on the greatest good for the greatest number, even if it means sacrificing the interests of a minority.

  • Jeremy Bentham: Developed the hedonistic calculus, a system for measuring pleasure and pain to determine the most beneficial action
  • John Stuart Mill: Argued for the importance of quality of pleasure in addition to quantity
  • Ends justify the means: Known as a consequentialist approach or teleological approach

• Deontology: Based on duty and moral obligation

  • Kant: Emphasized the importance of following universal moral principles, even if they lead to negative consequences.
    • Categorical imperative: "Act only according to that maxim whereby you can at the same time will that it should become a universal law."

• Virtue Ethics: Focuses on the development of virtuous character rather than specific actions

  • Aristotle: Emphasized eudaimonia (living a flourishing life) through the development of virtues like courage, justice, and temperance.
    • Golden mean: Finding a balance between extremes

Foundations of US Legal System

• Four primary sources of US Law:

  • Constitution: The supreme law of the land.

    • Supremacy Clause: Establishes the Constitution as the highest law of the land.
    • 10th Amendment: Reserves powers not delegated to the federal government to the states and the people.
    • US Constitution and State Constitutions: Both are supreme within their respective jurisdictions.

  • Statutory Law: Written laws enacted by legislative bodies

    • Federal, state, and local/municipal levels: Examples include the Clean Air Act (federal) and state traffic laws.
    • Uniform Commercial Code (UCC): A model code that addresses commercial transactions.

  • Regulatory/Administrative/Agency Law: Rules and regulations created by administrative agencies

    • Federal and state agencies: Examples include the Environmental Protection Agency (EPA) and state departments of education.

  • Case Law/Common Law/Judge-Made Law: Decisions made by judges in previous cases

    • Precedents: Judgements from previous cases can serve as guidance for future cases

• Three Branches of Government:

  • Legislative branch: Creates laws (Congress)
  • Executive branch: Enforces laws (President)
  • Judicial branch: Interprets laws (Courts)

• Federal Government and State Government Interactions:

  • Supremacy Clause: Federal law takes precedence over state law in case of conflict
  • 10th Amendment: States retain powers not delegated to the federal government.
  • Federalism: A system of shared power between the national and state governments

• Secondary Sources of US Law:

  • Legal treatises: In-depth discussions of specific areas of the law
  • Law review articles: Academic publications on legal topics
  • Restatements of the Law: Summarize common law principles

• Legal Remedies:

  • Remedies at law: Monetary damages
  • Equitable Remedies: Non-monetary remedies such as injunctions or specific performance

• Legal Precedent:

  • Stare Decisis: The doctrine of precedent
    • Vertical stare decisis: Lower courts must follow rulings of higher courts
    • Horizontal stare decisis: Courts should generally follow their own prior rulings.

• Three Tiers of Courts:

  • Trial courts: Where cases are first heard
  • Appellate courts: Review decisions of lower courts
  • Supreme courts: Highest court in the system

• Judicial Review: Power of the courts to declare laws unconstitutional

  • Marbury v. Madison (1803): Landmark case establishing judicial review

• Jurisdiction: The authority of a court to hear a case

  • Personal Jurisdiction: The court's power over the parties (the specific people involved in the case)
    • Minimum contacts: The defendant must have sufficient connections to the state where the lawsuit is filed.
  • Subject Matter Jurisdiction: The court's authority to hear the type of claim.
    • Federal jurisdiction: Federal courts have jurisdiction over cases involving:
      • Federal Question: A case that directly relates to the Constitution or a federal law.
      • Diversity of Citizenship: When the parties are from different states and the amount in controversy exceeds $75,000.

• Venue: The geographic location where a case is heard.

• Standing to Sue: The party bringing a lawsuit must have a direct, personal interest in the outcome of the case.

• Other Terminology:

  • Statute of Limitations: Time limit for filing a lawsuit
  • Plaintiff: The party bringing the lawsuit
  • Defendant: The party being sued
  • Appellant: The party appealing a lower court decision
  • Appellee: The party defending against an appeal
  • Substantive Law: Defines rights and obligations
  • Procedural Law: Outlines the process for enforcing legal rights
  • Civil Law: Concerned with private disputes between individuals or organizations.
  • Criminal Law: Concerned with offenses against the public
  • Majority Opinion: A written statement by the majority of judges explaining their decision
  • Dissenting Opinion: A written statement by a judge who disagrees with the majority opinion.
  • Concurring Opinion: A written statement by a judge who agrees with the outcome of the majority decision but for different reasons
  • Writ of Certiorari: A formal petition requesting the Supreme Court to review a lower court decision

Alternative Dispute Resolution (ADR)

• Negotiation: Direct communication between parties to reach an agreement without a third party.
• Settlement: An agreement reached between the parties to resolve a dispute outside of court, often with some form of compromise
• Mediation: A neutral third party (mediator) helps the parties reach a settlement while guiding the process.
• Arbitration: A neutral third party (arbitrator) hears evidence and makes a binding decision to resolve the dispute.

Court Procedure

• Attorneys' Fees:

  • Fixed fee: A set amount for specific services
  • Hourly rate: Based on time spent on the case
  • Contingent fee: A percentage of the recovery, paid only if the attorney is successful

• The Pleadings: Formal documents that outline the nature of the dispute

  • Complaint: The document filed by the plaintiff to initiate a lawsuit.
  • Answer: The defendant's response to the complaint

• Service of Process: The formal delivery of the complaint and summons to the defendant.

• Motion: A formal request to the court to take a specific action

• Discovery: The process for obtaining information about the case from the parties

• Deposition: An out-of-court oral examination of a witness under oath.

• Voir Dire: The process for selecting a jury, where lawyers question potential jurors to assess their fairness and impartiality.

• Trial:

  • Opening Statements: Lawyers provide an overview of their case
  • Direct Examination: The lawyer for the party calling the witness asks questions.
  • Cross Examination: The opposing attorney questions the witness to challenge their testimony.
  • Closing Arguments: Lawyers summarize their case and argue for their client's position.
  • Jury Instructions (Question of Fact vs. Question of Law): The judge explains the relevant law and directs the jury on the issues they need to consider when deciding the case.
    • Question of fact: A question that the jury decides based on the evidence presented.
    • Question of Law: A question that the judge resolves based on the law.
  • Verdict/Award: Determination by the jury or judge on liability and damages.

• Post-Trial:

  • Motions or Appeals: A party may file motions for judgment notwithstanding the verdict or appeal the verdict to a higher court.
  • Affirm: The appellate court upholds the lower court's decision.
  • Reverse: The appellate court changes the lower court's decision.
  • Remand: The appellate court sends the case back to the lower court for further proceedings.

Constitutional Law

• Federal Form of Government: Power is divided between the national and state governments

• Police Powers: States have the authority to regulate health, safety, welfare, and morals of their citizens.

• Privileges and Immunities Clause: Prohibits states from discriminating against non-residents (primarily focused on economic activities)

• Full Faith and Credit Clause: Requires states to respect the public acts, records, and judicial proceedings of other states

• Separation of Powers/Checks and Balances: Divides the powers of government into three branches to prevent any one branch from becoming too powerful.

• Commerce Clause: Grants Congress the power to regulate interstate commerce

  • Gibbons v. Ogden (1824): Landmark case interpreting "commerce" broadly.

• Supremacy Clause: Federal law prevails over state law in case of conflict

• Preemption: When federal law supersedes state law on the same issue, preventing the state from regulating that area.

• Taxing and Spending Powers: Congress has the power to tax and spend for the general welfare

• Bill of Rights: First ten amendments to the Constitution, which guarantee fundamental rights

• Amendments 1, 4, 5, 10, and 14:

  • 1st Amendment: Freedom of speech, religion, press, assembly, and petition
  • 4th Amendment: Protection from unreasonable searches and seizures
  • 5th Amendment: Due process of law and protection from self-incrimination
  • 10th Amendment: Powers reserved to the states
  • 14th Amendment: Equal protection and due process of law

• 14th Amendment:

  • Due Process Clause: Guarantees fairness in legal proceedings
  • Equal Protection Clause: Prohibits the government from unfairly discriminating.
  • Fundamental Rights: Certain rights are considered so important, and this amendment applies to state action as well.

Contracts

• Four Elements of a Contract:

  • Agreement/Consent/Intent/Meeting of the Minds/Mutual Assent/Offer and Acceptance: There must be a clear offer by one party and acceptance by the other.

    • Duress: A contract entered into under threat or pressure
    • Misrepresentation in the Inducement (Fraud/Negligent Misrepresentation): When a false statement is made to induce someone into a contract.
    • Undue Influence: When one party takes advantage of a special relationship to influence another party to enter a contract.
    • Requirements of Offer and Acceptance: Offers must be clear, communicated, and not revoked before acceptance.
    • Termination of Offer/Power of Acceptance: Offerors can revoke before acceptance but can be bound by a legally enforceable contract.
    • Bilateral Contract: Both parties make promises.
    • Unilateral Contract: Only one party makes a promise in exchange for a requested action.
    • Statute of Frauds: Certain contracts require a writing (e.g., real estate, contracts lasting longer than a year).

  • Consideration: Something of value that is exchanged between the parties

    • Legal Value: Requires a benefit to the promisor or a detriment to the promisee.
    • Weighing the adequacy: Courts generally don't consider if the exchanges are equal in value.
    • Past Consideration Rule: Past actions cannot be used as consideration for a new promise.
    • Pre-existing Duty Rule: Performing a pre-existing duty is not sufficient for consideration.

  • Capacity (Legally Competent Parties): Individuals must be of legal age and mentally capable of understanding the terms of the agreement

  • Legality (Legal Purpose): The contract must be for a legal purpose and not violate public policy

• Other Terminology:

  • Valid: A contract that meets all legal requirements
  • Void: A contract that has no legal effect from the beginning
  • Voidable: A contract that can be canceled by one or both parties
  • Amendment: A change to the original contract terms
  • Assignment and Assumption: Transferring rights and responsibilities under a contract to another party.

Explore key ethical frameworks including Utilitarianism, Deontology, and Virtue Ethics. Delve into the principles of prominent philosophers such as Jeremy Bentham, John Stuart Mill, and Kant. This quiz will challenge your understanding of moral obligations and the implications of ethical theories.