Ethics and Jurisprudence Lecture Note PDF

ETHICS AND JURISPRUDENCE LECTURE NOTE 11/11/2024 DEFINITION AND NATURE OF ETHICS AND JURISPRUDENCE IN NURSING Ethics can be difficult to define because people’s perceptions of ethical behavior are often tied to their personal belief systems, such as re...

ETHICS AND JURISPRUDENCE LECTURE NOTE 11/11/2024 DEFINITION AND NATURE OF ETHICS AND JURISPRUDENCE IN NURSING Ethics can be difficult to define because people’s perceptions of ethical behavior are often tied to their personal belief systems, such as religious beliefs, but religious beliefs vary widely. Others may believe that ethical behavior consists of following the laws, but as history clearly shows, some laws (such as segregation laws) have been profoundly unethical. Ethical behavior is often considered that which is accepted by society as a whole, but again, history does not support that view. Some societies, for example, support female genital mutilation, and this is now considered by much of the world to be unethical. Despite these difficulties, there are some clear ethical standards that apply to the field of nursing, and nurses are expected to adhere to a code of ethics in all provisions of care as well as in their personal and professional lives. In addition to ethical standards, nurses must be knowledgeable about the laws that impact not only their personal conduct but also the field of nursing as a whole. The Meriam Webstar Dictionary defines Ethics as a set of moral principles: a theory or system of moral values. At its simplest, ethics is a system of moral principles. They affect how people make decisions and lead their lives. It is concerned with what is good for individuals and society and is also described as moral philosophy. The term is derived from the Greek word ethos which can mean custom, habit, character or disposition. Ethics covers the following:  how to live a good life  our rights and responsibilities  the language of right and wrong  moral decisions - what is good and bad? It is worthy to note that ethics is not static; it develops and may change over time. Within the global and local healthcare context, there are numerous realities that may influence our moral character and stamina, for example changing our work place, political currents and legal realities. 1 ETHICS AND JURISPRUDENCE LECTURE NOTE 11/11/2024 Nursing Jurisprudence on the other is the application and interpretation of regulations, laws, and principles of law to the profession of nursing. Nursing is regulated by law because the practice of nursing exposes individuals to possible risk, especially if nurses are not adequately prepared for the practice of nursing. Therefore, nurses must meet various requirements in order to practice. Nursing ethics is corncerned with the principles and right conduct as they apply to the nursing profession. It reinforces the nurses’ ideals and motives in order to maximize the affectivity of their service. Nursing Jurisprudence is that department of law which comprises all the legal rules and principles affecting the practice of nursing. It also includes the interpretation of all these rules and principles and their application to the regulation of the practice of nursing Differences between Ethics and Jurisprudence While ethics and jurisprudence are closely related, it is important to note that they are different and distinct from each other Table 1.1: Differences between Ethics and Jurisprudence S/N Parameter Ethics Jurisprudence 1 Focus Concerned with moral Focuses on the legal framework, principles, values, and laws, regulations, and court standards guiding decisions governing nursing individual and practice professional behavior. 2 Purpose Aims to promote moral Seeks to establish and enforce character, compassion, legal standards, protecting rights and responsible decision- and preventing harm. making. 3 Basis Rooted in philosophical Grounded in constitutions, theories (e.g., statutes, case law, and consequentialism, regulatory policies. deontology), moral principles 4 Enforcement Enforced through Enforced through courts, professional regulatory agencies, and legal 2 ETHICS AND JURISPRUDENCE LECTURE NOTE 11/11/2024 organizations, peer sanctions. review, and personal accountability. 5 Consequences Violations may result in Violations can lead to legal loss of professional liability, fines, licensure credibility, peer revocation, or criminal disapproval, or personal prosecution. guilt. Additional key differences: - Ethics emphasizes "what should be," while jurisprudence focuses on "what is legally required." - Ethics is often more subjective, whereas jurisprudence is more objective. - Ethics guides professional behavior, whereas jurisprudence governs minimum standards. To illustrate these differences, consider this example: A nurse witnesses a colleague administering an incorrect medication dose. - Ethics: The nurse should report the incident, prioritizing patient safety and upholding professional standards. - Jurisprudence: The nurse may have a legal duty to report the incident, as required by state law or regulatory policy. Conclusion Nursing ethics are very pivotal to the development and good functioning of the Nursing profession as they form a basis for professional critical thinking and help to improve patients’ outcome. It is therefore binding on nurses and by extension, intending nurses (students) to understand and abide by the already existing one and follow-up with any modification as the ages go by. 3