Legal and Ethical Framework

There are so many ways that a school needs to obey by with the having the health and safety law. The employer would be

Ethical dilemmas occur when there is a disagreement about a situation and all parties involved question how they should behave based on their individual ethical morals. (Newman & Pollnitz, 2005). The dilemma that I will be addressing in this essay involves Michael, recently employed male educator working in the nursery, and parents of a baby enrolled at the centre. The parents have raised concerns about male educators changing their child’s nappy as they have cultural practices that do not allow this practice to take place. This situation is classed as an ethical dilemma as there is a dispute between cultural beliefs and legal requirements within the workplace. There are four parties involved (parents, child, educator and director), all

There are several key pieces of legislation that impact on how schools manage the health and safety of both their employees, and others who come into contact with the school e.g pupils, support workers and parents. These pieces of legislation are:

There is a need that each school, its administrators and teachers should know the law of torts. In order to create a "culture of safety" principals should manage the risk of negligence to the faculty and students. As Burgett and Schwartz state, “being a teacher, administrator, board member, school employee, parent, or even a student is tricky business these days” (p.9). Therefore, each decision or actions’ steps should be made based upon ethical and legal principles. The particular high school puts an emphasis on health and safety issues. The school, the buildings, and the classroom are certainly the most critical areas of an educational institution where safety and health take place but also behavior and attitude reflect the importance of the serious business of learning. Therefore, the following three legal issues: unsupervised students, hallways, and field trips demand some improvements, accommodations or extra care to maintain the safety and healthy environment for students and employees.

In this paper I am going to identify some the legal and ethical issues in My Sister’s Keeper. Some of those issues include emancipation of a minor, genetic engineering, and limited termination of parental rights. I will be giving my opinion on these matters also.

Health and Safety Legislation is there to protect everyone within a setting, (everyone being pupils, staff and visitors) through policies and procedures for preventing and controlling risk of accidents. All those working in school have a duty to ensure the Health and Safety of children in their care along with their own health and safety and that of colleagues and visitors.

All schools in the UK have a health and safety policy, in which they have to adhere to requirements. There are many current health and safety legislations, policies and procedures. These include the Health and Safety at Work Act 1974 which was created to protect those at work by following procedures in order to prevent accidents.

In Legal Profession Complaints Committee v Amsden (“the decision”), the Tribunal made findings of professional misconduct against Ms Amsden. Subsequently, they determined that the appropriate disciplinary consequence of was a public reprimand, an order to pay a fine of $5,000, and an order to pay the full costs of the Committee. This paper will outline the legislative and theoretical foundations of legal practitioners’ professional ethics in Western Australia in conjunction with an exploration of the justifications for disciplining legal practitioners. Subsequently, there will be analysis of the Tribunal’s reasons for their findings of professional misconduct against Ms Amsden and the effectiveness of the penalties imposed in achieving the underlying purposes of the system of legal ethics in WA. Particular emphasis will be placed upon Ms Amsden’s conduct in relation to ‘bringing the legal profession into disrepute’; this will necessitate an examination of the concept of law as a profession and its wider role in society.

Health care professionals are subject to a multitude of professional, legal, and ethical responsibilities which call for personal judgment to be utilized in such a manner as to protect clients as well as public wellness and interests. Overall considerations in handling such duties may be considered to be respect of a client’s autonomy, confidence, and recognition of obligations owed to all clients. While the aforementioned acts fall within the professional realm, there are also legal implications that guide care. Therefore, it can be said that ethical considerations occur in observation of legal responsibilities. Confidential information is perceived as private facts which are disclosed with the

Within healthcare, practitioners often have to make difficult decisions regarding the care of their patients. This could be to do with giving or withdrawing treatment, or as simple as sharing risk information (Glover, 1997). Ultimately, the practitioner must be able to rationalise any decision they have made (Morrison, 2009). With this in mind, the following assignment will draw upon an ethical dilemma and explore how theoretical perspectives can be utilised within the decision making process. Therefore it will also be pertinent to draw upon the law, and how this influences actions within health care. To facilitate this discussion, I will identify a scenario from practice that

Having called the tune, Cintolo cannot be excused…on the basis of his vocation…[We] emphatically reject the notion that a law degree, like some sorcerer’s amulet, can ward off the rigours of the criminal law. The law itself is not a shield for ethical wrongdoing, legal ethics and how they are applied by international lawyers has become the subject of much contention since the infamous memorandum drafted in 2002 by Jay Bybee and John Yoo (Yoo) otherwise known as the ‘torture memo’. This essay seeks to examine the issue of legal ethics through the lens of the experience of Yoo and what this means for the provision of international legal advice in the United States (US) system. This examination will look at, first, the ethics of lawyers in the US system. Secondly, how legal advice is provided based on who the client is and the advantages of each approach. Third, ethics will be explored through the legal advice provided in the Office of Legal Counsel (OLC). Fourth, how international human rights law (IHRL) applies and how the torture memo sought to ignore it. Finally, a look at how do we strengthen legal ethics to ensure what happened during the Yoo years never repeats.

Before answering the question, it would be vital to distinguish the difference between legal ethics and general ethical behaviour. Legal ethics can be defined as special responsibilities that lawyers recognised in which they should adapt to “higher” ethical standards than laypersons whereas general ethical behaviour can de described as rules of conduct that demonstrates how our society are expected to behave and act as guiding principles behind creation of laws. The question of whether a behaviour can be both ‘legal’ and ‘ethical’ at the same time, can be a confusing question to both lawyers and law students. Something may be ethical but not legally required by the law while an act could be unlawful even though it may seemed to be ethical.

Laws are a familiar concept, and provide a basic social framework of right and wrong to which the majority adhere. Ethical theories may also be applied to all issues of uncertainty, including those not covered by laws or professional guidelines. They create a mechanism within which issues of moral uncertainty may be questioned and resolved (Jones 1994). One such area of moral dilemma is that of informed consent.

What is a world without laws? Would that be the same as asking what is an apple without its color? Or perhaps the simple question of why does one tie his or her shoes the way they do? Even better, why is it illegal to walk nude amongst peers in the open? Maybe because the law says so. But what is law. Is it this natural thing or is it man made? Do we follow them on our own accord or do so because the law says so? All of these questions are rooted in one’s ability to effectively distinguish and interpret positive law and natural law. Before one can answer any of those questions we must go back in time before the development of positive and natural law in order to interpret its meaning and show how intellectual thought of the past, and even in today’s time was mirrored after these laws.

Ethics is the study of choices human beings make regarding what is right and wrong. And without Ethics, there will be no law, because law is enacted by one or more people coming to a decision on what is right and wrong. Though new circumstances can arise and law can be revised, but this is usually based on new insight, modification or more understanding. What is desirable or morally acceptable in some religions, cultures and societies might be a part of what is accepted by law, but that does not mean that, what they believe will be a total consideration for appropriateness of the law, just like in the second dilemma, where a child’s custody was taken from parents. The decision is based on Ethics (right and wrong), which made the law. And