LAW 122 Study Guide - Midterm Guide: Voyeurism, Stock Market, Dont
16 Mar 2017
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It is about providing reasoned arguments of why we should (or should not) behave certain ways. Ethical reasoning: figure out the right thing to do is usually easy, ethics becomes harder when important ethical values or principles conflict, ethical judgment involves weighing competing values or principles. In such cases, we need to do our best to balance competing principles & values, to figure out which reason are most weighty: there is no formula for doing so. Some consideration of precedent & analogy, in order to achieve sufficient consistency of judgment: where do we see ethics in the law itself. Ideally, all legislation should be aimed at promoting ethical values & principles, including: promotion of social well being, protection individuals rights. Check the preamble of any piece of legislation. At all levels, legal reasoning requires interpretation of laws & constitution, in light or fundamental values & principles. Judges at all level appeal to what is fair and reasonable and just.
