Comparative Legal Systems, Ethics, and Moral Philosophy

Court Systems: US vs. Mexico

The U.S. Court System (Common Law)

• Based on common law, which relies heavily on precedents (past judicial decisions).
• Uses an adversarial system: two opposing sides present their case to a neutral judge or jury.
• Judges play an interpretative role, using case law to inform decisions.
• Jury trials are common in both criminal and civil cases.
• Judicial elections: In some states, judges are elected by the public.
• Structure includes three levels of courts: Federal (District), Appellate (Circuit), and the Supreme Court.

The Mexican Court System (Civil Law)

• Based on civil law, grounded in written codes and statutes.
• Uses an inquisitorial/accusatory hybrid system: Judges take a more active role in investigating facts.
• Judges primarily apply the law rather than interpret it through precedent.
• Jury trials are limited, mostly used in special criminal cases.
• Judges are appointed, typically based on merit and career advancement within the judicial system.
• Structure also includes federal, state, and Supreme Courts.

Shared Principles and Similarities

• Constitutions are the supreme law and foundation of both systems.
• Both systems guarantee the right to legal representation and a fair trial.
• An appeals process allows decisions to be reviewed by higher courts.
• There is a strong focus on due process, justice, and human rights.
• Separation of powers: The Judiciary is independent from the executive and legislative branches.

Historical Context: Jefferson’s Dilemma

This historical example (the Louisiana Purchase) raises questions about the constitutional limits of executive power.

Understanding Ethics and Morality

Definition of Ethics

Ethics is a system of moral principles or standards that guide individual or collective behavior. Ethics help in decision-making and in judging actions as right or wrong.

Key Terminology: Synonyms for Ethics

• Principles
• Morals
• Values
• Standards
• Codes
• Norms
• Virtues

Core Concepts: Morality and Ethics

• Morality: Refers to personal beliefs about right and wrong.
• Ethics: Often more formal, used in professional or societal contexts.

Examples of Core Values

Values are fundamental beliefs that motivate actions:

• Justice: Fair treatment of all individuals.
• Knowledge: Valuing education, truth, and intellectual pursuit.
• Family: Loyalty and responsibility to loved ones.
• Equality: Belief in equal rights and opportunities for all people.

Ethical Principles

Principles act as rules or guidelines to help achieve core values. Examples include honesty, respect, and responsibility.

The Purpose of Ethical Systems

Ethical systems connect individuals and society, promote trust, and guide actions toward the common good.

Philosophical and Moral Concepts

Presentism

The tendency to judge the past using modern values or contemporary perspectives.

Objectivism

The belief that there is one objective truth or reality, independent of individual perception.

Moral Relativism

The belief that there is no universal moral truth; moral judgments are relative to cultural, historical, or personal context.