Podcast
Questions and Answers
What rights are highlighted as inviolable and sacred in the context of human rights?
What rights are highlighted as inviolable and sacred in the context of human rights?
Liberty, property, safety, and resistance against oppression.
What significance does the Universal Declaration of Human Rights (UDHR) hold in the realm of human rights?
What significance does the Universal Declaration of Human Rights (UDHR) hold in the realm of human rights?
The UDHR is a milestone document that establishes fundamental human rights to be protected globally.
According to Article 17 of the UDHR, what rights do individuals have regarding property?
According to Article 17 of the UDHR, what rights do individuals have regarding property?
Everyone has the right to own property alone or in association with others, and no one can be arbitrarily deprived of their property.
What are the essential documents required for a company to be formed under the Companies Act?
What are the essential documents required for a company to be formed under the Companies Act?
What are the basic requirements for forming a company as stated in the provided content?
What are the basic requirements for forming a company as stated in the provided content?
How does Friedson differentiate professionalism from market and organisational logics?
How does Friedson differentiate professionalism from market and organisational logics?
What are the ideal types of professionalism according to Friedson?
What are the ideal types of professionalism according to Friedson?
Define occupational professionalism and how it contrasts with organisational professionalism.
Define occupational professionalism and how it contrasts with organisational professionalism.
What role does ideology play in professionalism according to the provided content?
What role does ideology play in professionalism according to the provided content?
Why does Hamilton suggest that ideology eludes definition?
Why does Hamilton suggest that ideology eludes definition?
What distinguishes a criminal wrong from a civil wrong?
What distinguishes a criminal wrong from a civil wrong?
Define 'actus reus' and 'mens rea' in the context of criminal law.
Define 'actus reus' and 'mens rea' in the context of criminal law.
How does the prosecution process differ between criminal and civil cases?
How does the prosecution process differ between criminal and civil cases?
What is the standard of proof required in criminal cases?
What is the standard of proof required in criminal cases?
What types of punishments can result from crimes and contraventions according to the Criminal Code?
What types of punishments can result from crimes and contraventions according to the Criminal Code?
How does ideological reasoning contribute to corruption according to the given content?
How does ideological reasoning contribute to corruption according to the given content?
What role does scarcity play in economic corruption?
What role does scarcity play in economic corruption?
In what way can political power lead to corruption, as described in the content?
In what way can political power lead to corruption, as described in the content?
What was the public reaction to Jesse Washington's lynching as noted in the New York Times editorial?
What was the public reaction to Jesse Washington's lynching as noted in the New York Times editorial?
According to the US Declaration of Independence, what is stated about human equality?
According to the US Declaration of Independence, what is stated about human equality?
What key rights are outlined in the Declaration of the Rights of Man and of the Citizen?
What key rights are outlined in the Declaration of the Rights of Man and of the Citizen?
How do sociocultural factors contribute to corruption among public officials?
How do sociocultural factors contribute to corruption among public officials?
What technological issues can exacerbate corruption, as per the provided content?
What technological issues can exacerbate corruption, as per the provided content?
What is required for a bill to be presented during the first reading?
What is required for a bill to be presented during the first reading?
What happens during the second reading of a bill?
What happens during the second reading of a bill?
In which stage is a bill examined in detail, clause by clause?
In which stage is a bill examined in detail, clause by clause?
What is the purpose of the report stage in the voting process?
What is the purpose of the report stage in the voting process?
What occurs after the third reading of a bill?
What occurs after the third reading of a bill?
What is the difference between ordinary laws and constitutional laws in terms of voting requirements?
What is the difference between ordinary laws and constitutional laws in terms of voting requirements?
Define primary legislation and secondary legislation.
Define primary legislation and secondary legislation.
How is a simple majority achieved in the context of voting for ordinary laws?
How is a simple majority achieved in the context of voting for ordinary laws?
What are two key purposes of a constitution?
What are two key purposes of a constitution?
How does a constitution establish citizenship?
How does a constitution establish citizenship?
What principle does the supremacy of the constitution uphold?
What principle does the supremacy of the constitution uphold?
What does the Delhi Declaration on the rule of law emphasize regarding government accountability?
What does the Delhi Declaration on the rule of law emphasize regarding government accountability?
What role does the constitution play in setting up state institutions?
What role does the constitution play in setting up state institutions?
What is one of the minimum standards for legislation mentioned in the Delhi Declaration?
What is one of the minimum standards for legislation mentioned in the Delhi Declaration?
What is the purpose of delegated legislation according to the Delhi Declaration?
What is the purpose of delegated legislation according to the Delhi Declaration?
How does a constitution regulate relations between individual citizens and the state?
How does a constitution regulate relations between individual citizens and the state?
Flashcards
Economic Explanation of Corruption
Economic Explanation of Corruption
The idea that corruption is caused by a lack of resources, leading people to act in unethical ways to meet their needs.
External Theory of Corruption
External Theory of Corruption
This explanation suggests that corruption spreads like a disease, crossing borders and influencing behavior.
Sociocultural Explanation of Corruption
Sociocultural Explanation of Corruption
This theory argues that social norms and peer pressure can lead people to conform to corrupt practices, even if they personally disagree.
Political Explanation of Corruption
Political Explanation of Corruption
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Technological Explanation of Corruption
Technological Explanation of Corruption
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US Declaration of Independence
US Declaration of Independence
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Declaration of the Rights of Man and of the Citizen
Declaration of the Rights of Man and of the Citizen
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Universal Declaration of Human Rights
Universal Declaration of Human Rights
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Article 17 of the UDHR
Article 17 of the UDHR
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Article 1 of the UDHR
Article 1 of the UDHR
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Article 3 of the UDHR
Article 3 of the UDHR
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The Companies Act (Malta)
The Companies Act (Malta)
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What is meant by a "profession"?
What is meant by a "profession"?
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Occupational Professionalism
Occupational Professionalism
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Organisational Professionalism
Organisational Professionalism
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What is ideology?
What is ideology?
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How do professionals maintain control of their practice?
How do professionals maintain control of their practice?
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First Reading
First Reading
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Second Reading
Second Reading
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Committee Stage
Committee Stage
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Third Reading
Third Reading
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Ordinary Law
Ordinary Law
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Constitutional Laws
Constitutional Laws
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Absolute Majority
Absolute Majority
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Qualified Majority
Qualified Majority
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What is a constitution?
What is a constitution?
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How does a constitution establish the state?
How does a constitution establish the state?
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How does a constitution define citizenship?
How does a constitution define citizenship?
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How does a constitution guarantee fundamental rights?
How does a constitution guarantee fundamental rights?
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Civil Wrong
Civil Wrong
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Criminal Wrong
Criminal Wrong
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How does a constitution structure state institutions?
How does a constitution structure state institutions?
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Actus Reus
Actus Reus
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What does the separation of powers principle ensure?
What does the separation of powers principle ensure?
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What is the supremacy of the constitution?
What is the supremacy of the constitution?
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Mens Rea
Mens Rea
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Standard of Proof - Beyond Reasonable Doubt
Standard of Proof - Beyond Reasonable Doubt
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What does the Delhi Declaration promote?
What does the Delhi Declaration promote?
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Study Notes
EMA1311 Introduction to Law and Ethics Notes
- This course introduces law and ethics, exploring their roles in society, implications for individuals and organizations, and the factors influencing them.
- ASCS does not claim ownership of past papers, nor guarantee their accuracy or currency. They are provided as a supplementary study resource, not a replacement for lectures or official course materials.
- Sharing these materials with third parties is prohibited.
The Role of Law
- Governance roles:
- Order for individuals and organizations (e.g., "no killing, stealing")
- Order for those in power (laws regulating governance structures like judicial, legislative and executive)
- Order for resolving disputes (e.g., promoting peaceful conflict resolution, human rights, and accountability).
- The law:
- A code of conduct binding to those within a specific jurisdiction (written or unwritten).
- Can include prohibitions (e.g., "do not kill") and prescriptions (e.g., "pay taxes").
- Purpose of law: To maintain order, ensure predictability, ensure security, and protect the rights and freedoms of citizens.
- Rule of law:
- Laws apply equally to everyone.
- Democratic processes used for creating laws (transparancy).
- No one is above the law.
- Adherence to natural justice (fair and unbiased hearings). -The 3 distinct yet interrelated meanings of the Rule of Law:
- No person is punished without explicit breach of law
- No person is above the law
- General legal principles are enforced by judges and enshrined in constitutions
Constitutions
- Set of rules and principles governing an organization or political entity.
- Framework for governments to derive power
- Can be supranational (EU), national (Malta), or provincial/state (US).
- Highest legal authority within a country.
- System of checks and balances to prevent the concentration of power.
- Prevents abuse of power
The Classification of Laws
- Sources of Maltese law: constitution, primary laws, subsidiary laws, EU law, customs law, jurisprudence.
- Public law: relations between the state and the public (ex: constitutional, administrative, and criminal).
- Private law: relations between individuals/organizations (ex: civil and commercial).
Criminal vs. Civil Wrongs
- Criminal: Violation of state-enacted laws leading to penalties (fines, incarceration).
- Civil wrongs: Compensation for damages arising out of disputes (not about punishment).
Introduction to Ethics and Types
- Ethics is the difference between doing what one has the right to do, versus what is right.
- Morality vs. Ethics - Ethics are external rules or values, and morality is personal.
- Types of Ethics:
- Individual: Personal code of conduct
- Professional: Code of conduct specific to a profession
- Organizational: Organizational code of conduct
Standards in Public Life
- Ethical implementation by public officials: public good above private interest.
- The public's trust and confidence in public officials and organizations: vital for a democratic society.
Professional Integrity
- Meaning of professionalism is constantly changing
- Different occupational logics
- Professional knowledge, division of labour, ideology, and bodies of knowledge
- Professionalism as a means of regulation and control
- Integrity is viewed in three ways: teleological, generic, and interpretive views
Social Science & Ethics
- Social science studies human society and social relations
- Methods like quantitative and qualitative are applied to understand ethics -Ethics and human behaviour
The Enactment of Laws
- The legislative process in Malta (First Reading, Second Reading, Committee Stage, Report Stage, Third Reading, and Assent.)
Ethics, Diversity & Pluralism
- Culture as shared meanings and practices among people.
- Different approaches to handling culturally diverse groups
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