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ERIC Number: EJ1139464
Record Type: Journal
Publication Date: 2015
Pages: 3
Abstractor: As Provided
ISSN: EISSN-1936-346X
Moral Responsibility and Legal Liability, or, Ethics Drives the Law
McGowan, Richard J.; Buttrick, Hilary G.
Journal of Learning in Higher Education, v11 n2 p9-13 Fall 2015
As William Shaw's (2008) textbook states, by way of observation, "To a significant extent, law codifies a society's customs, ideals, norms, and moral values" (pp. 10-11). Shaw adds that "changes in the law tend to reflect changes in what a society takes to be right and wrong…" (p. 11). We think Shaw is correct, and we work to have our students understand that ethics drives the law. Focusing on moral responsibility and legal liability, we offer a model that can help students see the relationship between law and ethics. First we highlight the broader concepts establishing moral responsibility and legal liability. Then we show that narrower, more specific principles in ethics have a parallel in law. For the former, we rely on long established considered judgments from ethics and established legal concepts. For the latter, we rely on the four specific elements associated with moral wrong-doing in organizational settings and on the famous 1983 "Soldano v. O'Daniels" case.
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Publication Type: Journal Articles; Reports - Descriptive
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Grant or Contract Numbers: N/A