Profesional Ethics

SATHIYAKALA900907035708001 OUMM3203

FACULTY OF BUSINESS AND MANAGEMENT

SEPTEMBER / 2012

OUMM3203

PROFESSIONAL ETHICS

MATRICULATION NO

:

900907035708001

IDENTITY CARD NO.

:

900907035708

TELEPHONE NO.

:

0102400254

E-MAIL

:

[email protected]

LEARNING CENTRE

:

SEREMBAN

SATHIYAKALA900907035708001 OUMM3203

CONTENTS

PAGES

Introduction

3-5

Process 1

6-9

Process 2

10

Evaluation on the relationship between the law and the moral standards

11

Conclusion

12

Reference

13

SATHIYAKALA900907035708001 OUMM3203

INTRODUCTION

Lady Justice is the symbol of justice, where show the symbol of the justice: a sword symbolising the court’s coercive power, the scale representing an objective standard by which competing claims are weighed and the blindfold indicating that justice should be meted out objectively, without fear or favour, regardless of power, money, and wealth.

Law is a system of rules and guidelines which are enforced through social institution to govern behaviour laws are made by governments, specifically by their legislatures. The formation of laws themselves may be influenced by a constitutions (written or unwritten) and the rights encoded therein. The law shapes politics, economics and society in countless ways and serves as a social mediator of relation between people.

Furthermore, law as the body of official rules and regulation, generally found in constitutions, legislation , judicial opinion, and the like, that used to govern a society and to control the behaviour of its members, so law is a formal mechanism of social control. Legal system is particular ways of establishing and maintaining social order. According to John Austin (English jurist born 1790) law is a “rule laid down for the guidance of an intelligent being by an intelligent being having power over him.” Professor Hart (Oxford professor of jurisprudence, born 1907) defined “law as a system of rules, union of primary and secondary rules.” Glanville Williams’ learning the law” define law is the cement of society and also an essential medium of change. Knowledge of law increases ones understanding of public affairs. Its study promotes accuracy of expression, facility in argument and skill in interpreting the written word as well as some understanding of social values”.

SATHIYAKALA900907035708001 OUMM3203

In law, there are four processes in law formation. There are individual process, group process, social process and political process.

Individual process means the set of norms beliefs and values which collectively forms his on her moral standards.

Group process which means the surrounding environment of a situation plays a significant role in the norm, beliefs and values of an individual through exposure to these contexts 

Cultural or religious



Social or political



economics or technological

In group process, where a individual choices of norms, beliefs and values are made, ensures that all of the mentioned factors able to interact among one and another. As we can see in figure 1., where technological changes in communication bring political change in governance . the political changes make economic changes in spending and taxation patterns, which finally change cultural changes in personal lifestyle.

Technological changes

Political changes

Economic changes

Cultural changes

In social process, all individuals in society do not have the same exposures to economic, technological, social, political, cultural and religious factors. There are some exposures come from: 

Individual position



Family units



Peer groups



Formal organisation

SATHIYAKALA900907035708001 OUMM3203

The changing of norms, beliefs and values of individuals within society very clear, although delay impact upon the law. Actually, the social process involves an accumulation of power. In addition, people who have similar norms, beliefs and values easily form a group. It is natural join.

Furthermore, in political process the norms, beliefs and values held by organisations, groups and individuals established into law can be seen as means of resolving conflict. Organisations, groups and individuals also have different opinions on norms should be done now and beliefs should be accomplished in the future. The different views have to be common to consistent and universal rules to be effective. According to OUMH 3203 professional ethics, “there are alternative on the ways in which this is done”, 

Presidential leadership



Institutional compromise



Congressional bargaining



Constituent pressure

Selected representative are formally assigned the responsibility of the formulation of law in are representative system”. So, there are four process involves in formation of law

SATHIYAKALA900907035708001 OUMM3203

INDIVIDUAL PROCESS

Individual process is a set of norms, beliefs and values where forms his or her moral standards. Norms is behaviour where individual expects to everyone act when faced with a given situation. For a example baby dumping is a social crisis and has a chronic increase as many cases are occurring in Malaysian society. The baby dumping refers to discarding or leaving alone, for an extended period of time, a child younger than 12 months of age in a public or private setting with the intent to dispose of the child. Based on Bukit Aman Police Headquarters statistics found a total of 580 babies were found dumped between years 2000 to 2006. This number of cases increase every year where as much as 65 baby dumping cases has increased to 83 cases in the year 2006. In the first 5 months, almost everyday there are reports on dumped baby cases. You read it on the front page of the newspaper or see it on the nightly news...a newborn baby found in a back alley. This scenario had been more serious from day to day although there are a lot about this in the mass media. Child dumping is the practice of dumping offspring outside of legal adoption. The dumped child is called a foundling or throwaway. According to a reliable statistics, one baby is dumped every week. A figure that has trebled in the past decades, causes include many social and cultural factors as well as mental illness.

Why an individual or teenagers due to unethical to baby dumping? 

Family influence

Let them to make such a problem in their life. Family break-ups happen after a long period of misunderstandings, fighting and unhappiness. Sometimes they happen suddenly and it is hard to understand why there needs to be change at all. Children are mostly affected by this kind of situation. If both their mother and father decided to a divorce and one cannot raise their child alone, tendency is that they will dump their child. This child will become homeless and found him alone.

SATHIYAKALA900907035708001 OUMM3203



Peer influence

When children enter school, they influenced by peers with whom they interact every day. For example, if child friends engage with boyfriend or with stranger, the teenager too, may decide to do the same. 

Life experience

Some important events, where positive or negative, shape people’s lives and influence their ethical beliefs and behavior. For example, when a person have sexuality in teenage and does not get caught, make them to continue to have sexuality until end of their life span. Throughout this case, the norms of this case are to prevent baby dumping it’s necessary to educate individuals about sexuality. We support age-appropriate comprehensive sexuality education, and recommends that schools and communities provide comprehensive sexuality education to all youth and families. Maybe this prevention help teenage to avoid them such a situation

Furthermore, Individuals experiencing unwanted pregnancies must receive support and services. Communities should examine their capacity to provide the range of supports and services needed by individuals experiencing unwanted pregnancies. These services must also be publicized; people cannot use services that they do not know about. Finally, education efforts should strive to increase communication among youth, families, and communities. Increased communication may minimize the shame and secrecy associated with an unwanted pregnancy and make young people more likely to take advantage of supports and services in their families and communities.

In addition, focusing the prevention programs towards the regions and categories of population with increased risks of dumping, setting up a coherent reporting and monitoring system as regards the dumping and the risk of abandonment hiring social workers in all sanitary units

SATHIYAKALA900907035708001 OUMM3203 depending on the number of doctors existing in the unit, hiring community medical assistants and physicians in all the communities presenting increased risks of dumping standardizing the written forms and the procedures of registering women which get admitted in maternities in order to give birth, elaborating procedures for keeping records of mothers and children without identity papers and creating a database on this matter. Throughout, all the norms, I beliefs we can prevent the baby dumping issues at teenagers. Teenagers also realize and avoid such a situation in their life. Other than this issue, Rape is a violent crime, a hostile attack, an attempt to hurt and humiliate. It is not the result of "uncontrolled passions". On average, three adult women are raped in Malaysia every day. Police statistics also reveal that 60 per cent of rape victims are below 16 years of age, while 98 per cent of the offenders are over the age of 16.There were 578 reported rape cases from January to May this year compared to 584 in the same period last year. There were 109 reported incest rape cases from January to June this year. Johor has the highest number with 21 cases, followed by Perak and Kedah with 10 each. The remaining 68 are from all over the country. The perpetrators with blood ties according to Bukit Aman Police statistics: 

Fathers (42), uncles (31), elder brothers (11), grandfathers (9), cousins (9), younger brothers (2) and close relatives (5).

The perpetrators who are related by marriage: 

Stepfathers (18), brothers-in-law (8), stepbrothers (7), adopted fathers (4) and step grandfathers (2).

Under the Penal Code (Amendment) Bill 2001, those charged with incest face a heavier penalty compared with non-incest rape. For incest, the law provides for a jail term of between six and 20 years and 24 strokes of the rotan. Rapes carry a jail term of not less than five years and whipping. How to prevent when such situation happen, Be aware of your surroundings at all times. Parking lots and parking garages are two of the sites that are most often targeted by attempted rapists. These men are predators, so view your surroundings carefully. If you are in a parking lot

SATHIYAKALA900907035708001 OUMM3203 and feel someone is following you, start making noise - talk to yourself loudly, talk to an imaginary person, or pretend to talk on your cell phone. The louder the potential victim, the more the predator is apt to freeze. In addition, carry defensive items only if you know how to use them. Remember, any "weapon" that could hurt a potential attacker can be used against you if you are not well trained and comfortable with it. If you are going to carry a handgun, make sure to take classes in its use, practice often at a firing range, and apply for a concealed weapons permit; if you carry a knife, take a course in the most effective way to use it. Remember that even an umbrella or purse can be used as a weapon against an attacker, and has less chance of being turned against you. Other than that, keep personal information private. Don't advertise your info verbally or on the Internet. Also, be very wary of meeting up with anyone whom you meet on the Internet. There is never a good reason to meet up with a person whom you have never met in person, or who talks you into meeting-up when you are hesitant. If you think you must do so, bring someone else, preferably a friend who is older and meet the person in a public place. Ones women follows such tips, they can avoid from rape.

SATHIYAKALA900907035708001 OUMM3203

GROUP PROCESS Group process is a context which base on surrounding environment of a situation and related on cultural, social and economic. The individual choices of norms, beliefs and values are made, ensures that all the mentioned factors are able to interact among one and another. For example

Technological changes

Political changes

Economic changes

Cultural changes

Malaysia embarked seriously on identifying the possible toxic and hazardous waste in Malaysia. In 1987, the department of environment conclude that 380,000 cubic meter f waste generated 600,000 container of the waste are disposed yearly. It is found that about 647 out 747 industries generated waste.

When the country developing with industries, where technology changes occurred in country and waste toxic and hazardous generated. To control this dumping waste toxic, the environmental quality Act 1974 of Malaysia governs the discharge of toxic and hazardous waste in Malaysia (sewage and industrial effluent regulation ,19790 requires industries in Malaysia to treat their waste water to the acceptable limits of discharge for hazardous material in wastewater is a changes occurred under the government.

Beside, this change all the industries which manufactures products from the industries sale prices high is a changes occurred in economic and its effect cultural changes in society where the product sales in market are expensive while peoples are face problem to buy the products.

SATHIYAKALA900907035708001 OUMM3203

EVALUATION ON THE RELATIONSHIP BETWEEN THE LAW AND THE MORAL STANDARDS The law is a ideal terms as asset of universal and consistent rules that govern human conduct within society the question is whether we can accept these rules as representing the collective moral judgement of members of our society. A just law is a man made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just.” The morally right thing to do depends on the context but it will invariably involve a certain degree of human touch to our actions. It will uphold life, not death; common good, not common harm; and above all, a sense of fairness in our dealings. This sense of fairness goes beyond what is merely just. I use it in its widest ethical sense. So, one’s actions do not become fair simply because one is truthfully discharging one’s duties. The judge, for example, cannot be blamed for upholding a draconian law. At the same time, some laws may lack a sense of ethical fairness because they are primarily aimed at creating public order albeit at a human cost. A good law harmonizes the two. Law may or may not have a moral basis because it largely concerns with what is deemed acceptable to the state from the point of view of public order. Laws are written rules, with provisions for punishment, whereas morality is really a open choice left to the individual. For example, an extra-marital affair or even a sexual relationship outside marriage may not be illegal (barring in countries that outlaw prostitution), but it will certainly not be considered a morally desirable thing to do. Yet, laws are often based on morality. It is both immoral and illegal to steal, for example. But when the law clashes with moral standpoints, it is sometimes sought to be changed to conform to wider morality. Therefore, our laws to protect animals from abuse. Philosopher Dworkin strongly recommends law to base on morality.

SATHIYAKALA900907035708001 OUMM3203 CONCLUSION In my opinion, law is a system of rules and guidelines which are enforced through social institution to govern behaviour laws are made by governments, specifically by their legislatures law as the body of official rules and regulation, generally found in constitutions, legislation, judicial opinion, and the like, that used to govern a society and to control the behaviour of its members, so law is a formal mechanism of social control. In law, there are four processes in law formation. There are individual process, group process, social process and political process. Law and moral also have relation.

SATHIYAKALA900907035708001 OUMM3203 REFERENCE

Law, from Wikipedia, the free encyclopedia.[online] Available: http://en.wikipedia.org/wiki/Law

Abdul Hamid Abdulah, Mohd Rashid, Mohd Yu:sof, waste management in Malaysia[online] Available: http://eprints.utm.my/3924/1/SKMBT_60007061915380.pdf

Jordan MacVay ,Baby-dumping: Lust and morality, Wednesday, December 14, 2011, [online] Available: http://mole.my/content/baby-dumping-lust-and-morality.