chap1,2,3_outline - Chapter 1 Introduction to Legal Ethics...

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Chapter 1: Introduction to Legal Ethics Ethics and Legal Ethics A. The Relationship between Ethics and Legal Ethics 1. Ethics the philosophy of morals 2. Legal Ethics rules or standards governing the conduct of the members of a profession B. Utilitarianism 1. Greatest Happiness Principle i. Actions are right in proportion as they tend to promote happiness ii. Wrong as they tend to produce the reverse of happiness 2. Theory of morality grounded in pleasure and freedom from pain i. Only things desirable as ends ii. Existence exempt as far as possible from pain & as rich as possible in enjoyments 3. Not just individual’s happiness, but happiness of all concerned 4. Golden rule To do as you would be done by, and to love your neighbor as yourself i. Laws & social arrangements should place the happiness/interest of every individual as nearly as possible in harmony with the interest of the whole ii. Education & opinion should use its power to establish in the mind of every individual an indissoluble association between his own happiness and the good of the whole 5. Motive has nothing to do with the morality of the action 6. Happiness is desirable and the only thing desirable as an end i. All other things just means to end 7. Each person desires his own happiness happiness is a good each person’s happiness is a good to that person general happiness is good to the aggregate of all persons 8. 3 Propositions: i. Actions are to be judged right or wrong solely in virtue of their consequences a. Nothing else matters ii. Only thing that matters is the amount of happiness or unhappiness that is caused iii. No one’s happiness is to be counted as more important than anyone else’s 9. Right actions ones that produce the most good i. Good = happiness ii. Happiness = the ultimate good Hedonism 10. Classical utilitarianism: i. Each individual action is to be evaluated by reference to its own particular consequences 11. New version: i. Individual actions no longer judged by the Principle of Utility
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ii. Rules will be established by reference to the principle, and individual acts will then be judged right or wrong by reference to the rules iii. Rule-Utilitarianism a. What general rules of conduct tend to promote the greatest happiness? b. Justification of rules 12. Desert: i. Recognize individual’s desert as a reason for treating people in certain ways ii. People have power to choose their own actions they are responsible for those actions & what results from them a. Acknowledging their deserts is just a way of acknowledging their standing as autonomous individuals C. The Golden Rule 1. Interpersonal rule 2. Designed to promote charity and justice because every person is presumed to be a good judge of his or her own interest and concern 3. Treat others according to the same standards we would wish to have applied to us D. The Categorical Imperative 1. Moral worth of an action doesn’t lie in the effect expected from it 2.
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