Classifications of Law
the law that defines rights and liabilities
Substantive law
balances the goal of profits with values of individuals and society.
Business ethics
Locke and Rawls’ theory of justice/social contract, universal standards developed that result in fairness
The Contractarians and Justice
The right to this means that individuals are protected against intrusions by others
The person who initiates a civil lawsuit
Plaintiff
the law that must be followed in enforcing rights and liabilities
Procedural law
If an act is legal, then it is moral
Positive Law
Also known as entitlement theory; everyone has a set of rights, and it is up to the government to protect them
Rights Theory
the law that requires that a sheriff obtain a search warrant
the Fourth Amendment of the United States Constitution
The power given to courts to hear certain types of cases
Jurisdiction
wrongs against society
Criminal wrongs
Higher standards of conduct than positive law
Natural Law
We should act in our own self-interest and only judge ourselves
Ethical Egoism Theory
This law creates, defines, and regulates rights and liabilities
Substantive
Created the United States Supreme Court
The U. S. Constitution
wrongs against an individual
Civil wrongs
all behavior is ethical under this simple standard
Absent illegality
We should do the good for the most amount of people
Utilitarian Theory
This is defined as a legal capacity to require another party to perform an action
Right
Voir dire examination is used in connection with this
Jury selection
the order or pattern of rules that society establishes to govern the conduct of individuals, and the relationships among them and a body of law that provides justice when the law does not offer an adequate remedy or application of the law would be terribly unfair respectively
Law and equity
A law can be legal but _________
unethical
Standards should be based upon the circumstances, and there should not be predefined standards
Moral Relativists
These type of regulations generally have the force of statute
Administrative
They established a tribunal called a court
The government