Final Exam Review
Last Modified: 2016-03-08
- Social responsibility
Aristotle suggests the "golden mean" as a point (virtue) between two ethical extremes (deficiency and excess) adherence to golden mean would lead to a life of virtue.
EXAMPLE: Cowardice (deficiency) and foolhardiness (excess) are extremes. Courage, the golden mean, is virtue.
- when everyone steps outside the veil, they can now make decisions without biases to race, gender, class, etc.
rational process founded on certain agreed-upon principles. Learning to makerational decisions among an array of choices, all of which may be morallyjustifiable
- i.e acts and laws (federal and state level), and ordinances (local)
Tends to deal with large groups or all society, anticipates problems, andis deductive (general rule decides specific cases)
One ofoldest kinds of law, judge-made law (based on precedents, similar rulingin similar cases).
- Began in England passed onto colonies.
- StareDecisis "Let the decision stand."
- i.e common law marriage (marriageby habit and repute)
"Equitable"means fair, judge-made law. These can be preventative or remedial
- Roots also traced back toEngland.
- Created to be more flexible than common law for certain situations.
- Judges issue judicial decrees ororders
Equitylaw is flexible, specific, and preventative
- executives (president, governors, mayors) aregenerally granted some limited power to issue executive orders or declarations.Granted to them in constitutions.
- Rules issued byadministrative agencies such as FCC and FTC, created by legislaturesthat delegated certain powers to them
- ethics is a personal matter; legal standard is enforced by laws and statutes
- legal standards are enforced by laws and statutes, ethical standards come from customs and attitudes of society
- Disclosure of private facts
- Intrusion and trespass (Usually technological)
- False light- unflattering portrayal of something someone is not
- Appropriation- using someone's image w/out their consent for commercial gain
you, you + 1 (spouse, sibling etc), you and those with whom you are very close (family, friends, therapist), lastly is coworkers + classmates etc then PUBLIC
- Is it porn?
- Does it actually show sex?
- Is it otherwise useless?
- Newspapers, magazines, books and the Internet are generally unregulated
- Advertising is regulated the FTC
- Broadcasting is regulated byt the FCC
- 10.5 min/hour on weekends
- 12 min/hour on weekdays
- Intrusion- Did subject have a reasonable expectation of privacy? Intrusion may also be physical
- Appropriation- Photographer needs consent to use subject's image for commerical purposes. Is allowed in news stories, not allowed in ads without permission.
- Some courts allow it, others don't. SCOTUS typically does not.
- What can be subpoenaed? Unused news film or images have been subpoenaed.
- Photographers have been subpoenaed to testify about what they witnessed or shot.
- Don't destroy any subpoenaed material.
- Published – must be published. Doesn’t matter if no one heard what you said. Only takes three people to be published.
- Identifiable – a real, recognizable person, name, photo, description, address, member of a small group. Jury decides if not obvious. Have to prove you/company was ID’ed
- Defamation – words really injure reputation or cause emotional distress. Must be provably false. For a public leader, the words will have to affect community opinion
- Injury – people have to prove they were injured in court
- Fault – a legal term: must ask whether the publication was made in negligence or actual malice.
- Judicial or Legislative Proceeding or Made by an Official on Duty
- Political Broadcast
- 1st Amendment - Public Figures and Private Person
- Protection of Private Interest
- Protection of Public Interest
- Report of a public proceeding
- Extends qualified privilege-protects reporting defamatory allegations IF:
- create or pertain to a public controversy
- made by a responsible and prominent source
- reported accurately and neutrally-about a public official or public figure
- $200 per infringement.
- Internet Service Providers are protected
- Deep Linking: bypassing a home page and going directly to a content page (legal, but ethical?)
- Inline Linking: making an image or video on another site appear as if it is your content. (Also legal)
- Stop Online Piracy Act:
- Protect Intellectual Property Act
- Viacom- MTV, Nick Jr., Paramount Pictures
- Disney- Pixar, ABC, ESPN
- GE- Comcast, NBC, Universal Pictures
- NewsCorp- Fox, Wall Street Journal, NY Post
- Time Warner- CNN, HBO, Warner Brothers, Time
- CBS- 60 Minutes, Showtime, NFL.com
- Print: anybody
- Broadcast/cable: restricted by FCC
- Early development: no idea of game, only experimentation
- First stage (3-7): Egocentrism-parallel play, kids play side by side, made up their own rules, no general agreement on rules.
- Second stage (7-8): Heteronomy-Control by others, Individual responsibility & punishment, rules are unbreakable, reasons not understood
- Third Stage (about 11): Autonomy-reasons for rules understood-distinguish individual and collective responsibility (justice, fair play)-power comes from group consensus
- First: Care of others before self
- Second: Acknowledge ethics of rights, including rights ofself to be considered
- Third: Concerns shift from goodness to truth
-Men: caringfor yourself is good
-Women:caring for others is “good” (right)
-Instead,truth must be at the core of ethics.
Places a moral responsibility on caring for others beforecaring for the self.
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