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Essay / Research Paper Abstract
This 5 page paper considers ethical dilemmas that may be faced by the courts, such as breaches of privacy and a crime resulting from competing obligations. The writer considers the role of categorical imperative, utilitarianism and ethical formalism. The bibliography cites 6 sources.
Page Count:
5 pages (~225 words per page)
File: TS14_TEethlaw.rtf
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Unformatted sample text from the term paper:
they are allowed some levels of flexibility. The Austrian system is based in English law, with the final court of appeal being the Privy Council in Westminster. However, by necessity
the courts and the legal system have to deal with ethical issues as it is these that govern the way in which we live our lives ands value the events
which bring an individual to the court. If we look to Austrian law there are many examples for example, if we consider the importance of commercial confidentiality, for example, in
the case of Grant v Downs 1976 it was found by the court that they should be able to see documents that were classified which were claimed to be privileged
and private, the court determined that it would then disclose them as it saw fit (Bates, 2001). Indeed this case has been used in the same manner such as in
the case of R v Governor of Pentonville ex p Osman 1989 where this case was cited as precedent (Bates, 2001). Ethics may be seen as very pertinent when it
comes to the idea of privacy as well as looking at conflicts of obligations, such as where good intents lead to a technical crime. It is worth noting that
ethics is not what values are actually held by the courts or the individuals, but of the ethics we believe they ought to have (Bates, 2001). For example, if we
believe that the guilty should be punished and the innocent freed then this for the lawyer that is defending a defendant this cannot be seen as compatible with the position
of neutrality and in effect there is an imposition of the morals of one person onto another (Bates, 2001). If we look to the categorical imperative then we can
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