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Comprehensive Lecture Notes Introduction To Law Ethics and Management

The document provides comprehensive lecture notes on law, ethics, and management, emphasizing the definitions and importance of these concepts in Kenya. It outlines the sources of law, the relationship between ethics and law, and various ethical theories and principles that guide professional behavior. Additionally, it presents a structured ethical decision-making model to address dilemmas faced by professionals.

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0% found this document useful (0 votes)
27 views3 pages

Comprehensive Lecture Notes Introduction To Law Ethics and Management

The document provides comprehensive lecture notes on law, ethics, and management, emphasizing the definitions and importance of these concepts in Kenya. It outlines the sources of law, the relationship between ethics and law, and various ethical theories and principles that guide professional behavior. Additionally, it presents a structured ethical decision-making model to address dilemmas faced by professionals.

Uploaded by

mutegi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Comprehensive Lecture Notes

Unit 1: Introduction to Law, Ethics, and Management


Unit 2: Ethical Theories and Principles

UNIT 1: INTRODUCTION TO LAW, ETHICS, AND MANAGEMENT

1.1 Definitions
Law: A body of rules established and enforced by the state to regulate conduct and ensure
justice, peace, and order. In Kenya, laws originate from the Constitution, Acts of Parliament,
and judicial precedents. For instance, the Employment Act (2007) protects workers’ rights,
while the Companies Act (2015) governs corporate behavior.
Ethics: Refers to principles or standards of behavior that guide individuals and
organizations in distinguishing right from wrong. Ethics go beyond legal compliance; they
involve moral judgment and integrity. Example: refusing to misuse customer data even
when not explicitly prohibited by law.
Morality: Concerns beliefs and practices about what is right or wrong behavior, often
influenced by culture, religion, or tradition. Moral values form the basis of ethical standards
within society. Example: honesty, fairness, and compassion.
Management: The process of planning, organizing, leading, and controlling resources to
achieve organizational goals efficiently and effectively. It involves decision-making,
coordination, and leadership.

1.2 Importance of Ethics in Computing and Management


Ethics ensures responsible conduct in both computing and management environments. In
the era of artificial intelligence, data analytics, and e-commerce, ethical behavior promotes
trust and accountability.
 **Importance in Computing:**

1. 1. Promotes data privacy and protection, preventing misuse of user information.


2. 2. Builds user trust in information systems and online platforms.
3. 3. Reduces cybercrime and unauthorized access.
4. 4. Encourages innovation grounded in social responsibility.

 **Importance in Management:**

5. 1. Strengthens organizational reputation and stakeholder trust.


6. 2. Enhances employee morale and productivity.
7. 3. Ensures compliance with laws and corporate governance codes.
8. 4. Promotes sustainability and social responsibility.
1.3 Sources of Law in Kenya
1. The Constitution: The supreme law of Kenya (2010). All other laws must conform to it.
Example: the right to privacy under Article 31 is crucial in ICT ethics.
2. Statutes (Acts of Parliament): Laws enacted by the national or county assemblies.
Example: the Data Protection Act (2019) regulates the handling of personal data.
3. Case Law (Judicial Precedent): Judicial decisions that create binding principles for future
cases. Example: Republic v. Muruatetu (2017) shaped sentencing policy.
4. Customary Law: Indigenous African traditions recognized by courts if consistent with
justice and morality.
5. International Law: Includes treaties and conventions ratified by Kenya, e.g., the African
Charter on Human and Peoples’ Rights.

1.4 Relationship Between Ethics, Law, and Professionalism


Law, ethics, and professionalism are interrelated concepts shaping responsible behavior.
Law sets minimum standards; ethics set higher moral expectations; professionalism
translates these into occupational standards. Example: a certified accountant follows both
legal tax requirements and professional ethical codes.

Discussion Questions
1. Explain how the Data Protection Act enhances ethical behavior in Kenyan ICT
management.

2. Distinguish between ethics and law with practical Kenyan examples.

3. Why is professionalism considered the bridge between ethics and law?

UNIT 2: ETHICAL THEORIES AND PRINCIPLES

2.1 Ethical Theories


Ethical theories provide frameworks for judging the morality of actions and guiding
professional behavior.
1. Utilitarianism (Consequentialism): Developed by Jeremy Bentham and John Stuart Mill. It
holds that an action is right if it produces the greatest happiness for the greatest number.
Example: A manager cutting costs by automating services may cause short-term job loss but
long-term economic gain.
2. Deontology (Duty-based Ethics): Associated with Immanuel Kant. Morality depends on
duty rather than consequences. Doing the right thing because it is right, not because of
outcomes. Example: refusing to falsify data even under pressure.
3. Virtue Ethics: Originated from Aristotle’s philosophy. Focuses on personal virtues such as
honesty, courage, integrity, and fairness. A virtuous leader cultivates character traits that
promote ethical conduct.
4. Social Contract Theory: Propounded by Hobbes, Locke, and Rousseau. Society is formed
through mutual agreement to obey laws for common good. Example: IT professionals
adhere to data privacy standards agreed upon by their institutions.

2.2 Core Ethical Principles


1. Responsibility: Being accountable for one’s actions and their effects on others.
2. Accountability: Obligation to justify one’s actions to relevant authorities or stakeholders.
3. Transparency: Ensuring openness in communication, policies, and decision-making.
4. Fairness: Treating all parties impartially and equitably.
5. Integrity: Acting consistently with moral and ethical values even in the absence of
oversight.

2.3 Ethical Decision-Making Models


Professionals face ethical dilemmas that require structured approaches. A six-step decision
model can guide resolution:
9. 1. Recognize the ethical issue.
10. 2. Gather all relevant facts.
11. 3. Evaluate alternatives using ethical theories.
12. 4. Make the ethical decision.
13. 5. Implement the decision responsibly.
14. 6. Reflect on the results and lessons learned.

Example: An ICT officer discovers unauthorized data sharing. The officer must weigh loyalty
to colleagues against duty to report misconduct using utilitarian and deontological analysis.

Discussion Questions
1. Discuss how utilitarianism can justify tough management decisions.

2. Explain how integrity and transparency support accountability in public management.

3. Apply the six-step ethical decision model to a workplace dilemma in Kenya.

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