Foundational Concepts in Ethics and Political Law

Ethics and Ethical Duty Purposes

The ethics of ends informs you what to do (the purpose). In contrast, the ethics of duty informs you how you should act as you pursue that purpose.

Philosophical Ethics

Aristotle

For Aristotle, happiness is achieved by finding the middle ground on a subject, leading a person to act with caution and virtue.

Epicurus

Epicurus believed happiness is attained by seeking pleasure and avoiding pain. Sometimes, this requires enduring minor suffering now for the sake of greater, long-term pleasure.

Utilitarianism

Only the results matter; the means employed can be good or bad, provided they yield a positive outcome. The core tenet is: "The end justifies the means."

Kantian Ethics

Kant asserted that we must act out of duty, voluntarily employing reason in our actions.

Law and State Structure in Spain

Principles of Justice, Freedom, and Equality

Compliance with the principles of justice, freedom, equality, and solidarity requires adherence to the Rule of Law, ensuring the law applies equally to public authorities.

Theory of the Division of Powers

The powers—executive, legislative, and judicial—act as an independent system of checks and balances (contrapeso) to prevent the abuse of power or its concentration in a single entity.

Characteristics of a Rule of Law

• A set of fundamental rights enjoyed by all citizens.
• The law is the expression of the popular will.
• Judicial review of private and political powers.
• The principle of the division of powers.

Social State and Marital Status

In a social state, social justice is understood through the following:

1. A set of rights applicable to all citizens.
2. Equality of opportunity in a competitive society.
3. The state must correct imbalances by supporting those in unfavorable situations through social policy measures.

Democracy and Political Systems

Democracy

A system of political organization in which power resides collectively with the people.

Direct vs. Representative Democracy

• Direct Democracy: Citizens directly elect or mediate laws through referendums.
• Representative Democracy: The people elect representatives to govern on their behalf.

Dictatorship vs. Democracy Systems

• Dictatorship: A political organization system based on the authority and charisma of a single leader.
• Totalitarian System: A political organization system based on the authority of a person or small group, justified by a global ideology or doctrine.

Notion of the State

A State requires:

• Territory (Land)
• Political Organization
• Sovereign Power
• Population

Direct and Indirect Participation

• Direct Participation: Exerted through direct and personal voting.
• Indirect Participation: Influence on government affairs through expression of opinion, participation in trade unions, political parties, NGOs, and associations.

The Constitution

The fundamental rule of the State, from which the rest of the legal system derives its authority.