Chapter 2

Human Value Development and the

System of Public Law
Value Development (slide 1 of 3)

• World view or value system

– An inner subjective set of feelings, attitudes,
beliefs, and opinions
Value Development (slide 2 of 3)

• Maslow’s Hierarchy of Needs

– Survival or Physiological
– Safety
– Belonging and Love
– Prestige and Esteem
– Self-actualization
Value Development (slide 3 of 3)

• Hume’s Law
– Unbridgeable gap between fact and value;
between “is” and “ought”
• Facts of physical universe can tell us what is
• Our values guide us to understanding what ought
to be as it relates to our behavior
Kohlberg’s Stage Theory of Moral Reasoning
(slide 1 of 3)
• Preconventional (Age 3-7)
• Punishment/Obedience
• Egotism (satisfy one’s desires)
• Conventional (Age 7-12)
– Please others
– Respect rules
Kohlberg’s Stage Theory of Moral Reasoning
(slide 2 of 3)
• Postconventional (12 and above)
– Social contract
– Personal conscience
Kohlberg’s Stage Theory of Moral Reasoning
(slide 3 of 3)
• Carol Gilligan
– Kohlberg’s research methods flawed and
gender biased
– Separate value development pathway for
females results in different highest values for
each sex
– Confirmed by profile developed by Isabel
Myers and Katherine Briggs
Generational Theory (slide 1 of 4)

• Morris Massey
• Historical time period in which individual is born
shapes development of their world view
• Value systems formed in first decade by families,
friends, communities, significant events
• “Who You Are Is Where You Were When"
Generational Theory (slide 2 of 4)

• Traditionalist (born 1929-1945)

– Great Depression and World War II
– Conformity, stability, security
• Baby Boomers (born 1946-1960s)
– Civil rights, moon landings, freedom riders,
calls for change
– Personal and social expression, idealism,
health, and wellness
Generational Theory (slide 3 of 4)

• Generation X (born 1968-1989)

– Programmed in an era of social change
– Free agency, independence, cynicism, strive
for balance in their lives
• Millennials (born mid 1980s-2000)
– Defined by events immediately following Cold
War
– Collaboration, social activism, tolerance for
diversity, globally aware
Generational Theory (slide 4 of 4)

• Generation Z (late 1990s-2025)

– Foreign wars, September 11th and other
terrorist attacks, both overseas and on
homeland
– Unsettled time; personal and fiscal insecurity
– Masters at multitasking, techno-savvy,
personally tolerant regarding social and ethnic
diversity, thrive on instant gratification, fiscally
pragmatic
World Views (slide 1 of 3)

• World view
– System of thoughts, feelings, opinions, and beliefs
with which we screen events occurring around us
• Moral nihilism
– There are no moral truths, moral rules, moral
knowledge or responsibilities
• Ethical relativism
– All morality is relative to society in which one is
brought up
World Views (slide 2 of 3)

• Acts considered ethically wrong regardless of

cultural orientation:
– Rape
– Slavery
– Genocide
– Torture
– Sexism
World Views (slide 3 of 3)

• Hedonistic value systems

– Is and ought the same; individual devoid of
other-regarding impulses
• Standpoint theory
– Try to adopt or listen to standpoint of most
marginalized and vulnerable persons involved
The System of Public Law (slide 1 of 6)
• Private Law
– Deals with relationships between citizen and citizen, or
with definition, regulation, and enforcement of rights in
cases where both parties involved are private citizens
• Public Law
– Deals with relationships between private parties and the
government; concerned with the state in its political or
sovereign capacity
• Constitutional
• Administrative
• Criminal
• International
The System of Public Law (slide 2 of 6)

• Constitution supreme law of the land; highest

level of American law
• If any conflicts exist between federal and state
laws, federal laws must govern
• Constitutional Law: national and state law that
deals with organization, invested powers, and
framework of government
The System of Public Law (slide 3 of 6)

• Statutory Law: created by legislative bodies

– Health care providers practice and licensure
acts
– Informed consent
– Peer review
– Good Samaritan Act
– Living will statute
– Competency determination
– Emergency medical services
The System of Public Law (slide 4 of 6)

• Administrative Laws: rules, regulations, orders,

and decisions created by administrative
agencies to implement their powers and duties
– Rulemaking, adjudication, or enforcement of
specific regulatory agenda
The System of Public Law (slide 5 of 6)

• Criminal Law: prohibits conduct injurious to public

order and provides for punishment of those found
to have engaged in prohibited practices
– Felony: serious breach of law; punishable by
death or imprisonment in state or federal
penitentiary
– Misdemeanor: crime punishable by less than a
year incarceration in jail or house of correction
The System of Public Law (slide 6 of 6)

• International Law
– Regulates relations of nations to each other
– Customs and usages, treatise, and decisions
of tribunals such as International Court of
Justice and International Court of Human
Rights
Conclusion

• Law establishes the lowest level of expected

performance
• Codes of professional ethics often contain rules
requiring us to stay within the law
• Moral and ethical decisions are less prescriptive
and may require a higher standard of conduct
than law