International Journal of Responsible Leadership

International Journal of Responsible Leadership

International Journal of Responsible Leadership

International Journal of Responsible Leadership and Ethical Decision-Making Volume 1 • Issue 2 • July-December 2019 Ethics and Social Responsibility in Justice Decision Making José Poças Rascão, Polytechnic Institute of Setúbal, Portugal https://orcid.org/0000-0003-2448-2713 Nuno Gonçalo Poças, University of Lisbon, Portugal ABSTRACT Today, the concern with ethical principles and moral values makes us reflect on this complex and turbulent society, but with social responsibilities. This concept has become relevant to globalization of societies, companies, institutions, and all those who relate to any of these organizations. This concept is the basis of the research that seeks to identify and analyze the ethical and social responsibilities of legal professionals. The aim of the work is to contribute to a reflection on the ethical and social responsibility of legal professionals, based on the aggregation of existing literature. The structure of the article summarizes the existing academic works, seeking to generate new knowledge. The article seeks in the first place to identify the issues of ethics and social responsibility of legal professionals by focusing more in detail on one (s) of them.

International Journal of Responsible Leadership

Keywords Ethics, Information, Judicial Skills, Knowledge, Social Responsibility INTRODUCTION The complexity of judicial processes requires responsible and conscientious decision-makers. The sensitive aspect of this concept is that justice leaders are guided by ethical standards in adverse circumstances that compel them to make difficult decisions, for example, in the areas of Criminal Law Sciences and Civil Law Sciences. Velasquez (2006), states that the foundation of an institution is its values ​​and practices. It goes without saying that when an institution faces situations that require difficult decisions, adherence to strict ethical codes can facilitate decision making. Cottone and Tarvydas (2007) recognize that demonstrating coherence, rigor and constancy in making ethical decisions encourages the confidence of people and the institution. According to Gena (2000), ethical decision making in an institution is derived from the application of ethical theories to top-down practical dilemmas and that the prevailing paradigms of decision making require more than a single ethical theory. Keatings and Smith (2000) describe ethical theory as a systematic compilation of interrelated principles and rules that guide moral behavior. LaFollette DOI: 10.4018/IJRLEDM.2019070105 Copyright © 2019, IGI Global. Copying or distributing in print or electronic forms without written permission of IGI Global is prohibited. 64 International Journal of Responsible Leadership and Ethical Decision-Making Volume 1 • Issue 2 • July-December 2019 (1991) and Rachels (2003) confirm that a single theory or set of rules based on a theory is adequate to guide ethical actions in general, especially the practice of decision. This article is concerned with the integration of theoretical ethics with the practice of decisionmaking in justice. First, it discusses the historical thoughts that shape the concept of ethics. Then, the study addresses several contemporary theories of ethical decision-making, such as the Ethics of Virtue, the Cultural and Ethical Relativism, the Ethics of Justice and the Kantian Ethics. Finally, it compares the theories of Ethics of Virtue, Ethics of Care and Ethics of Justice, in terms of their applicability in relation to global conditions. Social responsibility quite evident in the printed and electronic media, in academic discussions, in society in general, has not received the same attention among legal professionals. There is an ethical concern, but the issue of the responsibility of these professionals in how to become more participatory, in society, about their performance is not yet part of the discussions. However, it is not enough to just discuss ethics and / or social responsibility, concrete actions must be taken on legal professionals in line with the information and knowledge society, with these decision-makers being responsible for themselves, the institution and society in general. This concern with ethical principles, moral and social values, makes us reflect on the construction of a society with social responsibilities. This concept occupies a place in societies, in companies and leading everyone who relates to any of these organizations to reflect, comment or discuss on the subject. FOCUS AND APPROACH METHODOLOGY As for its nature, the research is qualitative, since it does not claim to quantify events, nor does it privilege statistical study. Its focus is on obtaining descriptive data, that is, the incidence of topics of interest in two fields, Information Sciences and Legal Sciences. Consequently, with regard to the ends, the research is of a reflexive nature and of a descriptive character, insofar as the technique used, is categorized, consensually, as a study of direct documentation, which provides for consultation with sources related to the study in different media, print or electronic. FUNDAMENTAL CONCEPTS Data, Information and Knowledge Information is not the same as data, although the two words are often confused, so it is understood that the subtle distinction between these concepts is essential. The data do not convey sense or meaning of the facts, images or sounds, since they lack relational elements essential to the establishment of a complete meaning, lacking an internal relational structure for a cognitive purpose. This structure is one of the attributes of the information. Data is transformed into information when its creator adds meaning to it, Davenport and Prusak, (1998). Wiliam G. Zikmund (2000, p.19) defines knowledge as “the mixture of information, experience and understanding that provide a structure that can be applied in the evaluation of new information or new situations”. Information “feeds” knowledge. Knowledge can thus be defined as a person’s ability to relate complex information structures to a new context. New contexts imply change, action and dynamism. Knowledge cannot be shared, although the technique and components of information can be shared. When a person internalizes information to the point that he can use it, we call it knowledge, Zikmund, (2000). This is a fluid mix of experiences, values, contextual information and expert judgment, structured that provide a framework for evaluating and incorporating new experiences and information. Organizations are found not only in documents and reports, but also in organization routines, processes, practices and standards. Knowledge has its origin and is applied in the minds of connoisseurs Davenport and Prusak, (1998), William Zikmund, (2000). Knowledge is information as valid and accepted, integrating data, 65 International Journal of Responsible Leadership and Ethical Decision-Making Volume 1 • Issue 2 • July-December 2019 acts, information and sometimes hypotheses. Knowledge needs someone to filter, combine and interpret information. Information can be considered as a “substance” that can be acquired, stored and owned by a person or group and transmitted from person to person or from group to group. Information has a certain stability and it may be better viewed as existing at the level of society Davenport and Prusak, (1998). Although we can store it using various physical supports, the information itself is not physical, but rather abstract and neither purely mental. Knowledge is stored in people’s memory, but information is out there in the world. Whatever it is, there is somewhere between the physical world around people and the mental of human thought: Knowledge = Internalized Information + Ability to Use it in New Situations Knowledge is found fundamentally and intrinsically within people. These are more complex and unpredictable at the individual level than an entire society, so it is not surprising that knowledge is much more difficult to obtain than information. Knowledge exists mainly within people; it is an integral part of human complexity and unpredictability. Knowledge has a fundamental duality: it is something storable (at least sometimes we intend to do it) and something that flows (something that communicates from person to person). It is possibly the duality of knowledge (something that flows and storage process) that makes its treatment and management difficult. According to Dahlberg (2006), knowledge is organized into units of knowledge (concepts) according to its characteristics (objects/subjects). The organization of knowledge is related to a process of conceptual analysis of a domain of knowledge and from there, it is structured / architected generating a representation of knowledge about that domain that will be used for the organization of information about that domain of knowledge. Ethic According to Du Mont (1991), ethics aims to establish principles of human behavior that help people choose alternative forms of action. These considerations lead to definitions of ethics and morals, prompting us to refer to deontology as the study of the codes or ethics of the professions. Targino (2006, p. 135) states that the definitions of ethics originate from the “Greek term ethos, as etymology suggests, it is the part of philosophy that deals with the reflection on customs, encompassing guidelines”. While the moral “Latin term mores refers to acts and customs per se, that is, to the set of objective norms of conduct, changeable in time and space”. According to Sá (2007), the word ethics is sometimes associated with the sense of morals, but not always in an appropriate way. It has also been understood as the science of human conduct in relation to the being and its fellowmen, to study the action of men and their considerations of value. In this research, we emphasize its importance for legal professionals, highlighting the ethical performance in the context of today’s society and, mainly, with regard to their social responsibility. With a view to the theoretical foundation of the study, we approach the theme of professional ethics linked to the code of ethics, studied by deontology which, according to Targino (2006, p.135) “comes from the Greek deontos, duty; logos, discourse or treatise, etymologically equivalent to treatise or science of duty ”. Social Responsibility For Du Mont (1991), social responsibility is an ethical concept that involves notions of change, of how human needs must be met. In addition, the author emphasizes the interest in the social dimensions of the information service, which has to do with improving the quality of life. Organizations around the world have considered themselves socially responsible for several decades. Social responsibility has gained more prominence since the 1990s, with a greater influence of society, in the media and NGOs, that is, in the organizational world. 66 International Journal of Responsible Leadership and Ethical Decision-Making Volume 1 • Issue 2 • July-December 2019 Apparently, there was a need to give a positive corporate image, in order to make up for lost time. Despite the debates and the concept being widely used, social responsibility is still confused with assistance, which assumes a personal character represented by donations or the creation of philanthropic foundations, as Cajazeiras (2006, p. 13) sees, “another conception of social responsibility very linked to the idea of ​​donation – the philanthropic phase ”. Social responsibility surpasses the paradigm of assistance, which in a way limits the performance, repercussion and monitoring by society. This change is due to industrial advances, globalization and the intense flow of information and technologies, causing the degradation of quality of life, the intensification of environmental problems and the precariousness of labor relations. As a result, society began to develop attitudes to solve its problems and the high echelons to adhere to social responsibility, often under pressure from the consumer code. Thus, the social responsibility of judicial institutions is directed to act in an ethical and transparent manner, with attitudes that revert to improving the quality of life of the citizens in which they are inserted, even mitigating environmental problems (Veloso, 2006). Acting with social responsibility is not just acting in the institution’s marketing. It is going beyond interests that aim at personal or group interests, because any institution that considers itself responsible, must have the capacity to attend the interests of the different parties – state, collaborators, service providers, citizens, community, government, institutions and environment. Judicial Skills Information and knowledge have become an integral factor of legal professionals. Other values ​​come into play: to innovate and deal with irregularities, autonomy and responsibility are required, in addition to a knowledge of the laws. Information and knowledge have always been part of the work of legal professionals, but now there is visibility, and its importance is recognized. As knowledge can only be mobilized by legal professionals, by the human person, the logic is reversed. Work ceases to be a factor that is something external to legal professionals and is something that is intrinsic to those who do it. The changes that have taken place in the world of legal professionals have placed human beings at the center of justice. Then we start talking about skills, and no longer qualification for a job or a specific job. It is the person, with his most complete characteristics that matters. For a peasant or an artisan, working meant employing and developing his knowledge, based on rules transmitted by more experienced pairs (masters) and acquired by the individual through a series of tests, measures of direct and practical intelligence. It was the invention of work as a separate object from the worker that served to qualify another type of social relationship, that of objective work and the skills necessary to perform it. Hence the separation between the objectivity of work and the subjectivity of the worker. In order to get out of this logic of objectification, it was necessary for the work to be subjectified again. This meant the inclination towards the logic of competence, which was called “competence model”. Osty (2000, p. 9) considers that the notion of competence shows the emergence of a new way of recognizing the judicial knowledge required by work situations, revealing the extent of the transformations of work in the last twenty years of the 20th century. According to Zarifian (2003, p. 37), competence is a new form of qualification, a new way of qualifying. But qualification is not about “a particular and always dominant historical mode: that of qualification by job position”, but in a new way: “the construction of qualification”. This construction of qualification, given the new conditions of judicial work, would replace the two previous models: the profession model and the job model. The model of the judicial profession began to be built in urban artisanal corporations. Metier or function, a term used since the Middle Ages by medieval corporations, presupposed a means of learning and social relevance. This model began to be the target of attacks in the late eighteenth century as it seemed to be an obstacle to the transformation and rationalization of working methods. 67 International Journal of Responsible Leadership and Ethical Decision-Making Volume 1 • Issue 2 • July-December 2019 Defines skill as “the ability to perform a task or set of tasks, in accordance with certain standards required by justice”, involving theoretical knowledge and personal skills. The use of the notion of judicial competence started to appear when organizations needed to recognize people’s competences, regardless of the job they occupied. The emergence of the judicial jurisdiction model represented a new moment, whose practical bases are still being developed. For Brandão (1999, p. 22) the meaning of the word competence has been expanding since the end of the Middle Ages. There was, first, a legal meaning: “faculty attributed to someone or an institution, to appreciate and judge certain issues”. Later, an extension of the concept emerged: “social recognition of someone’s ability to speak out on a specific subject”. Nordhaug (1998, p. 10), classifies competences in: technical, interpersonal and conceptual. Technical skills are related to methods and processes, designed to conduct a specific activity and the skills to use tools and operate equipment related to an activity. Interpersonal skills are human behavior and interpersonal processes, empathy and social sensitivity, communication skills and the ability to cooperate. Conceptual skills are analytical skills, creativity, problem solving efficiency and the ability to recognize potential opportunities or problems. THEORETICAL DEVELOPMENT OF ETHICS AND SOCIAL RESPONSIBILITY Evolution of the Ethics Concept The question of ethics begins in ancient Greece when Greek philosophers sought to understand the fundamentals of human conduct. For many philosophers the moral principle results from moral conventions. For Socrates (470-399 B.C.), human virtue consists in the search for knowledge to achieve happiness. It closely relates the notions of knowledge, virtue and happiness. The knowledge of the good implies the practice of virtue and the exercise of this of happiness to man. Knowledge is the supreme value for achieving happiness. Plato (428-347, B.C.) in the development of his doctrine affirms that man is a political animal. Human virtues must be coordinated and whose harmony constitutes justice. The harmonization of human activities and all the virtues that constitute justice. Morality is not just an individual issue, but of collective relations. The spiritual formation of man is the responsibility of the State, whose responsibility is not just the organization of power, but an institute of education and of leading people to practice virtues and make them happy. Aristotle’s theory (384-322, B.C.) became known as eudemonism (from the Greek eudaimonéu means to succeed, to be happy), in which all people aspire to some good, among which, the greatest is happiness. This is not found in pleasures or wealth, but in rational activity, exercise and the evolution of thought. It can be said that contemporary human civilization equates happiness with the acquisition of material goods, such as houses, cars, clothes, food, sexuality, etc. However, according to Epicurus (3rd century BC), the pleasures of the body are the causes of anxiety and suffering. So that the soul does not suffer disturbances, it is necessary to limit material pleasures. The middle age, influenced by the Church, resumes this thought and improves spiritual life through the purification practices of the body, instituting fasting, abstinence and flogging. The philosopher and theologian Saint Thomas Aquinas (13th century) adapted Aristotelianism to Christian ideals and recovers eudemonist ethics. Faithful to religious ideals, he says that the only happiness is the contemplation of God and of which we will have knowledge only in the future life, after death. The expansion of Christianity marked Western culture, for the moral tradition of religious values ​​and the belief in life after death. They are transcendent values, because they result from divine giving. 68 International Journal of Responsible Leadership and Ethical Decision-Making Volume 1 • Issue 2 • July-December 2019 MODERN AGE: ETHICAL AND MORAL PRINCIPLES DIFFER FROM RELIGIOUS DOCTRINE It is admitted that a non-believer can also be ethical, because the values ​​are not found in God, but in the person himself. For the philosopher Hume (17th century) the recognition of values ​​results from human capacity, through Cartesian rationalism. The only basis for ideas is belief. It rejects any ethical system that is not based on facts and observations. He is recognized as the philosopher who broke with the philosophical tradition of Antiquity and the Middle Ages. The 12th century became known as the century of lights, due to reason, as the light that serves to interpret and reorganize the world. To resort to reason meant to refuse the religious imposition of moral values. Kant was the ultimate exponent of the Enlightenment, moral action is autonomous, since the human being is the only one capable of determining his own reason. For him, morality is rational, secular, universalist and emphasizes the importance of freedom and the right to contest. Hegel at the end of the 19th century disputes Kantian formalist morality and highlights the subject’s relationship with culture and history, understanding the diversity of values ​​according to time, culture and place. For Marx, morality is an expression of human conscience, which in turn is the reflection of social relations established in the world of work. As the modes of production change, so do not only moral norms, but also social, political and economic values. Nietzsche guides thought in the recovery of unconscious, vital and instinctive forces subjugated by reason for many centuries. He distrusts instincts and encourages group morality that generates guilt and resentment, founded on the acceptance of suffering, renunciation, piety, typical of the moral of the weak. It defends the overvaluation of all values, overcoming common morality so that man’s actions are not guided by the mediocrity of established virtues. He says it was necessary to recover the feeling of power, the joy of living and the capacity for innovation. At the beginning of the 20th century, reason is suspected of being an effective instrument to guide ethical and moral principles. Marx denounces ideology and its power to manipulate consciousness and joins Freud’s (1856-1939) discovery of the unconscious, an internal force that conflicts with social norms. Sartre (1905-1980) reflects on the theme of freedom, as the expression of the autonomy of human will and project. The subjectivity of experiences and emotions provide the elements that characterize the so-called crisis of reason. In the face of globalization, it can be said that morality is beyond the limits of the house, the neighborhood, the city, the country and that it involves the world. We live in a rupture of paradigms, without having outlined new world references of conduct. There are many challenges to building the ethical and moral life of global society. Some difficulties stem from individualistic society, unable to practice solidarity and tolerance, in this global village. Global ethics and morals presuppose the acceptance of the plurality of lifestyles and differences. THEORIES OF ETHICS The Ethics of Virtue The virtue ethics was born from the concepts of ethics of Socrates and Aristotle who stated that an ethical person was a virtuous person, that is, he has specific qualities. They emphasize being instead of doing, that is, virtues make a person virtuous. Examples of virtue include compassion, generosity, courage, honesty, reliability and charity, among others. According to Rachels, (2003), a person to be affective and intellectual, has the virtue of doing the right thing, at the right time and in the right way, consciously. Velasquez (2006) summarizes the ethical virtue in the light of the following concepts: • According to Aristotle, habits allow a person to live according to reason; 69 International Journal of Responsible Leadership and Ethical Decision-Making Volume 1 • Issue 2 • July-December 2019 • • For Aquinas, habits allow an individual to live rationally in this world and then join God in the next world; According to McIntyre, the provision allows an individual to achieve the good that human efforts aim to achieve; Virtue, however, not only provides a standard for evaluating actions, but also offers a standard for evaluating organizational and management practices. Cultural and Ethical Relativism According to Rachels (2003) he warns man about the dangers of cultural or racial intolerance and states that man must keep an open mind and that he must not judge others quickly in terms of the moral and ethical values ​​of other cultures, because this culture can be different. For the same author, all cultures have values ​​that may be similar or different. What makes the difference is the practice of these values. According to Lafollette (1990), ethical relativism is associated with the ethical values, beliefs or judgments of each person or their culture. Lafollette, referring to the civil rights movement, mentioned that the multiplicity of ethical rules can result in social transformation. Cultural and ethical relativism is essential to create ongoing working relationships and respect for everyone. The Ethics of Justice and the Kantian Ethics Kant defined the concepts of equality, equity, justice and reason. This requires respect for others and equal treatment. The Ethics of Justice reincarnates an improvement of Kantian ethics and is sometimes referred to as the ethics of law. Botes (2000) stated that the ethics of justice typifies reliable and verifiable decision-making, justice, equality, objectivity and independence or self-sufficiency. From a theoretical point of view, the ethics of justice addresses the importance of equal rights for all, avoiding the treatment of people as an end, forming understandable and transparent rules that determine what is right and what is wrong, and the use of reason in decisions that are ethical. The Ethics of Virtue, and Justice The concepts of contemporary ethical theories, such as virtue ethics and ethics of justice, are imperative for organizations, for judicial institutions in making ethical decisions. It is imperative that judicial decision-makers understand the various cultures, norms, principles and standards that govern individual behavior across the world. Globalization is nothing more than the practice of social, cultural, political, economic and technological incorporation between different countries, Luthans & Doh, (2009). Decisions must be consistent and governed by ethical and moral rules. Virtue and justice ethics share common imperative concepts for organizations in this global society. Virtue ethics emphasizes the meaning of individual characteristics and what is seen as a virtue. Different concepts of virtue ethics include sympathy (empathy), honesty and compassion. These same concepts are common to the ethics of justice. The ethics of care focuses on providing care, avoiding hatred and maintaining relationships. The ethics of justice maintains reliable decisionmaking, equality and impartiality. In a globalized society, judicial decision-makers must worry about establishing lasting relationships, Luthans & Doh, (2009). These relationships must be carefully managed to promote the organization’s effectiveness and profitability. Care, virtue and justice address the ideals of relationship which imply that ethical decisions must be concerned with establishing, maintaining and sustaining relationships. Judicial decision-makers operating in an institution should not try to impose their culture on other cultures, but rather allow each culture and individual to practice their values ​​and moral principles in a way that is beneficial to all. The ethics of virtue, the ethics of care and the ethics of justice share 70 International Journal of Responsible Leadership and Ethical Decision-Making Volume 1 • Issue 2 • July-December 2019 similar ideas that are imperative in the organizational decision-making processes in justice. However, each theory shares different concepts that make them unique for application and decision making. Ethics Versus Virtue, Care and Justice Virtue ethics is concerned with virtue – the evaluation of moral characters. Care ethics focuses on care. Caring is concerned with the well-being of those within a specific group. The ethics of justice is concerned with what is just. What is considered fair for one group can be considered unfair for another group. Normative ethical approaches are concerned with what people should do, while descriptive ethical approaches are concerned with what people do. Virtue ethics is concerned with what people should do, that is, whether they should be moral or not (amoral). The justice and ethics of care are descriptive because of their focus on the person’s exact actions. In different cultures, decision-makers have greater difficulties in making ethical decisions within an ethics of virtue, because this will not allow self-sufficiency. People must be able to follow specific rules and principles that allow them freedom of choice. While virtue promotes what should be done, justice and care adhere to the consistent actions of individuals. These actions should not be taken lightly. Ethical decisions at a global level represent a major challenge for legal decision-makers. They in the decision-making process must ensure that their decisions, or the results of them, are not unethical. Although moral conscience plays a significant role in ethical decisions (virtue ethics), the concepts of justice (dealing fairly with everyone) and care (caring for the well-being of those who interact together) are also significant and considerable for decisions, effective and efficient. Moral Ethics, Law and Justice According to Ulpiano (in: Aurea Pereira, 2001), In the beginning of human history, man was born free and lived without rules that dictated his behavior, (absence of norms), which was followed by a period in which uses and customs of customary law. The fact that man lives in society arose the need for the existence of a Natural Law that was common to all men and that represented the reconciliation between Law and Power and to discipline coexistence in society, as recommended by Rousseau, in your “Social Contract”. Based on Natural Law there was the jus non scriptum that gave rise to the unnaturalistic doctrine that sees the law as inherent to man himself, not depending on the State for its recognition. With Aristotle, in his work “Politics” the first codification emerged. The first Roman codifications divided Law into three classes: Law of the People (jus gentium), which disciplined relations between the peoples of different Nations; Political Law, designed to settle issues between the governed and the governed and Civil Law (jus civil), the so-called private law to discipline relations between citizens (cf. Montesquieu – L’Esprit des Lois – Book First, Chapter III). With the Declaration of the Rights of Virginia of 1776 and the Declaration des Droits de L’Hommes, emerged – as true conquests of humanity – the first universal proclamations of the fundamental rights of man (freedom, equality and right to life), et Citoyens, de 1789, the latter emerged from the French Revolution. With clear inspiration in such universal declarations, Law, Justice, Morality and Ethics, were gradually identified as virtues – (in the political sense of the word) – inseparable. According to Ulpiano (in: Aurea Pereira, 2001), Justice when properly applied is truly a virtue, which translates into a love of the country’s laws. when the Powers were concentrated in the hands of one person, the mission of doing Justice was conferred on the Prince, who exercised it as an arm of the Executive Power. In despotic governments that accumulate the power to legislate. In ancient Rome, the power to judge – depending on the value and nature of the causes – was exercised by the kings and then by the consuls, the latter being responsible for appointing the judges who could only decide matters of fact. Montesquieu referred to them as: “la bouche qui prononce les paroles de la loi, des êtres inanimés qui n’en peuvent modérer ni la force ni la rigueur” (Ob. Cit. Book XI – Chapter 71 International Journal of Responsible Leadership and Ethical Decision-Making Volume 1 • Issue 2 • July-December 2019 XVIII). The accumulation of Power, over time, proved to be inconvenient and hateful, hence the idea of ​​Montesquieu and Locke to tripartite it, conceiving them as autonomous, separate and independent, which was, justified, in the firm understanding that: “Il n’y a point encore de liberté, if the puissance de juger n’est pas separée de la puissance legislative et de l’éxecutive”. (L’Esprit des Lois, Book XI, Chapter VI). With the separation of powers, the strong, independent Judiciary Power, without any subordination, appeared in relation to the other powers, responsible for the distribution of Justice, for the guarantee of public freedoms and for the control of the constitutionality of laws. Justice must be served by the Judge with absolute independence, rectitude, impartiality, respect for laws, morals and ethics of behavior. The exact application of the laws must be done, in order to avoid that the judge takes the wrong paths of the creation of the law (alternative law), in which the magistrate acts as legislator. However, there is still a certain creative force in the interpretation of the laws made by the Judges of Law, when the propagation of certain judicial decisions, such as, for example, those pronounced when the control of the constitutionality of the laws by the Courts. Doing justice presupposes the correct application of law, in accordance with the principles of morals and ethics. Morals and ethics are virtues that the Greeks have always referred to. Morality is respect for human values. Public morality is the political virtue advocated by Montesquieu, which determines the behavior of a community, according to the rules and principles of the dominant ethical conscience. Ethics (from the Greek ethike) is the science of morality itself, dictating rules for a behavior of respect for others with rights and duties, guided by what is honest and virtuous. The mission of judging demands from the judge, in addition to the duty of fidelity to the Law, an ethical conduct in accordance with public morals, without any mistakes that could compromise his toga. Ethics in Justice Professionals According to Du Mont (1991), the study of the ethics of legal professionals is part of the general study with three forms of use: 1st General pattern (way of life); 2nd Set of rules of conduct (moral code); 3rd Combination of life form and moral code. Confirmation of what is right or wrong has generally been determined by law, although not all situations can be included in such codes, as laws are established for the well-being of society and are mutated over time, in social groups and in the locations where these groups live. Therefore, the social being establishes ethical or unethical actions. From his birth, the human being begins to live in social groups, which get involved and go through a process of exchange of knowledge, habits and customs, enabling their moral growth. Du Mont (1991) says that the basic components of an ethical system are the values ​​accumulated by the individual, by the group or by society. It is from this human coexistence that ethical or unethical procedures begin. Ethical questions and discussions, bring paradigm shifts, make us rethink the actions of our daily lives. People, regardless of social origins or groups, live according to the ethical aspects disseminated in society. Among the groups that disseminate these concepts, we mention the family, the school, the church, the club, the university, the friends, the political party and others. According to Targino, (2006), living with these institutions is important, because it is through them that individuals accumulate unique experiences, enriching their knowledge. Ethics in justice professionals is related to the incorporation of moral standards in the conduct of all professionals involved in the dissemination of information (laws, norms, rules, procedures, processes, etc.), aiming to guide the performance of those who exercise them. According to Camargo (1999, p. 31), “professional ethics is the application of general ethics in the field of professional activities”, so, the professional incorporates his own principles and values, to experience them in his professional activities. It is through the profession that the individual is able to fully realize himself, exercising his capacity, skill, wisdom and intelligence, proving his personality, raising his morale, being able to be useful to the community and to rise up and stand out by overcoming 72 International Journal of Responsible Leadership and Ethical Decision-Making Volume 1 • Issue 2 • July-December 2019 obstacles . Sá (2007, p. 139) reports: “the profession allows the individual to exercise his function of solidarity with his fellowmen, receiving in return not only dignities, but also compensations”. Practical Example Some ethical principles are presented as an example: • Respect for life and all human beings, integrity, truth, honesty, justice, equity, institutional loyalty, responsibility, zeal, merit, transparency, legality, impersonality, consistency between discourse and practice are the ethical principles that guide actions. Some important aspects for the creation of an ethical and socially responsible work environment: • Define formal mechanisms to monitor ethics; codes of conduct; extensive communication on ethics and social responsibility; leadership by example; encourage confrontation for ethical deviations; training programs in ethics and social responsibility. Some guidelines to assist in the ethical decision-making process: • • • • Define ethical issues clearly; Identify the relevant values ​​in the situation; Weigh conflicting values ​​and choose an option that balances them; Implement the decision. CONCLUSION Ethical decision-making is a critical factor for effective and efficient justice. Ethics and theories of ethics are not a resurrection story, but thoughts and influences that promote growth and enormous institutional opportunities, especially in conditions of globalization. Velasquez (2006) stated that decision-makers in justice need to focus their attention on developing an inclusive theoretical proposal, from which practical work on moral principles and moral values ​​can remain. Gena (2000) states that ethical decision-making in courts is derived from the application of ethical theories to top-down practical dilemmas and requires more than a single ethical theory. Greek philosophers like Socrates and Aristotle influenced the concepts of primitive, modern, postmodern and contemporary ethical theories. Socrates, for example, believed that people have a natural alertness to do good only if they are aware of what is right. Aristotle believed in the idea of ​​self-realization, an awareness of a person’s nature and talent development. Ethics has also evolved from the perspectives of hedonism, stoicism, consumerism and deontology. Contemporary theories of ethical decision-making shape today’s justice decision-making process. Virtue ethics describes the nature of a moral person as a motivating force for ethical behavior. Virtue refers to the nature of an individual to do the right thing for the right cause or reason, in an appropriate way. It not only provides a standard for evaluating actions, but also provides a standard for evaluating institutional practices. Cultural relativism indicates how morals and ethics have changed over time and across cultures. Lafollette (1990) describes ethical relativism as a theory or proposal that ethical standards, beliefs or judgments are subject to an individual or to that individual’s culture. The ethics of justice incorporates an enhancement of Kantian ethics and is sometimes referred to as the ethics of law. The ethics of care is described as an ethics that places emphasis on caring for the real well-being of those who are interconnected with each other (Velasquez, 2006). Moral responsibilities arise from the relationships between the individuals involved, preferably between those being cared for and caregivers. 73 International Journal of Responsible Leadership and Ethical Decision-Making Volume 1 • Issue 2 • July-December 2019 The ethics of virtue, care and justice share common imperative concepts for organizations in a global environment. They address the idea of ​​equality and self-reliance and are concerned with establishing and sustaining lasting relationships. The difference between the ethics of virtue, care and justice theories is based on their approach – normative versus descriptive. Another difference is the meaning of the responsibility of decision makers in justice, to make ethical decisions based solely on moral characters or conscience (Martin, 2007). Although these differences remain true to specific ethical theories, judicial decision-makers still have a responsibility to make decisions that are governed by moral principles. Judicial institutions can be successful if decision makers make an effort to adhere to standards that are moral, ethical and fair. All unethical behavior must be condemned. CLUES FOR FURTHER INVESTIGATION This reflection seeks to briefly and preliminarily discuss ethics and social responsibility in justice, based on the existing literature. This approach has come a long way, where analysis has evolved over time, never ignoring the works and classifications used in previous works. A pertinent question arises that could be the object of future study: • 74 Are the concepts of ethics and social responsibility applied by court decision makers? International Journal of Responsible Leadership and Ethical Decision-Making Volume 1 • Issue 2 • July-December 2019 REFERENCES Agra, M. C. de M. (2002). Designing the work profile in the information society. Information & Society, 12(2). Available at: http://www.ies.ufpb.br/ojs2/index.php/ies/article/view/140 Aranalde, M. M. (2005). The ethical issue in the performance of the professional librarian. In Question, Porto Alegre, 11(2), 337-368. Available at: http://www.seer.ufrgs.br/index.php/EmQuestao/article/view/124 Aranha, M. L. de A., & Martins, M. H. P. (2000). Themes of Philosophy. Modern. Barros, A. J. da S. (2008). Fundamentals of scientific methodology: A guide for scientific initiation (2nd ed.). Person Makron Books. Brazil. Ministry of Education and Culture.,Available at http://www.educacaosuperior. inep.gov.br/funcional/lista_ies.asp Brazil. Ministry of Labor and Employment. (2008). Brazilian Classification of Occupations – CBO. Available at: http://www.mtecbo.gov.br/ Cajazeiras, J. E. R. (2006). The importance of social responsibility in management: Interview. Management Magazine, 5(special), 51–62. Camargo, M. (1999). Fundamentals of general and professional ethics (3rd ed.). Voices. Castro, C. A. (2000). Information professional: desired profiles and attitudes. Information & Society: Estudos, 10(1). Crespo, I. M., Rodrigues, A. V. F., & Miranda, C. L. (2006), Continuing education for librarians: characteristics and perspectives in a changing scenario. Biblios, 7(25-26). Du Mont, R. R. (1991). Ethics in librarianship: A management model. Library Trends, 40(2), 201–215. Dupas, G. (2000). Ethics and power in the information society. UNESP. Federal Council of Library Science. Code of ethics. (2008). Available at: http // www.crb1.org.br Fortes, J. C. (2002). General ethics. In Accountant ethics and professional responsibility. Fortes. Marconi, M. de A., & Lakatos, E. M. (2004). Scientific methodology (4th ed.). Atlas. Minayo, M. C. de S. (Org.). (1994). Social research: theory, method and creativity (8th ed.). Petrópolis: Vozes. Minayo, M. C. de S. (Org). (2004). The knowledge challenge: qualitative health research (8th ed.). São Paulo: Hucitec. Nalini, J. R. (2001). General and Professional Ethics. São Paulo: Review of the Courts. Pereira, Á. P., (2001). Law, Justice, Morals and Ethics. Revista da EMERJ, 4(13). Pereira, R. da S., Souza, M. T. S. de, & Vieira, S. L. de S. (2006). Social responsibility: a double corporate strategy? Gerencial Magazine, 5, 51-62. Prestes, M. L. de M. (2003). Research and the construction of scientific knowledge: From planning to school texts to academia (2nd ed.). Rêspel. Sá, A. L. (2007). Professional ethics. Atlas. Santos, J. P. (1996). The modern information professional: The librarian and his profile in the face of new times. Information & Information, 1(1), 5–13. Sousa Filho, A. G. (2006). The librarian in the information and knowledge society: Skills and competencies required. In National Seminar of University Libraries, 14. Salvador: UFBA, CD-ROM. Valentim, M. L. P. (Org.). (2005). Construction of scientific knowledge. In Qualitative research methods in information science. São Paulo: Polis. 75 International Journal of Responsible Leadership and Ethical Decision-Making Volume 1 • Issue 2 • July-December 2019 Jose Poças Rascão (PhD, ISCTE / ULI) is a Professor of Management Information Systems at the Polytechnic Institute of Setubal, Graduate School of Business Sciences, Portugal. It is research in the Research Unit in the development of enterprise (UNIDE) at the Lisbon University Institute (ISCTE / ULI). Since 2000 he has published 15 books and over 80 research papers in international scholarly academic journals, about on management strategy and management of information. Under his supervision, 17 Masters Theses have been successfully from 2007 to 2018. From 2010 to 2015 was Director of Course Management of Distribution and Logistics. From 2013 to 2014 was Coordinator of Research Center, Polytechnic Institute of Setubal, Graduate School of Business Sciences. From 2000-2004 was Information Systems Management Course Coordinator Polytechnic Institute of Setubal, Graduate School of Business Sciences. He also works the private Management Consultant for large and mediumsized enterprises. He worked the Management Consult at Price Waterhouse and Coopers & Lybrand between 1989 and 1995. Graduation in Law. Real Estate Lawyer. Former advisor to the Assistant Secretary of State of the Minister in the Cabinet of the Prime Minister. 76 ‫المملكة العربية السعودية‬ ‫وزارة التعليم‬ ‫الجامعة السعودية اإللكترونية‬ Kingdom of Saudi Arabia Ministry of Education Saudi Electronic University College of Administrative and Financial Sciences Assignment 2 Business Ethics and Organization Social Responsibility (MGT 422) Due Date: 11/02/2023 @ 23:59 Course Name: Business ethics and organization social responsibility Course Code: MGT 422 Student’s Name: Semester: Second CRN: Student’s ID Number: Academic Year:2022-23-2st For Instructor’s Use only Instructor’s Name: Dr. Shahid Alam Students’ Grade: Marks Obtained/Out of 15 Level of Marks: High/Middle/Low General Instructions – PLEASE READ THEM CAREFULLY • The Assignment must be submitted on Blackboard (WORD format only) via allocated folder. • Assignments submitted through email will not be accepted. • Students are advised to make their work clear and well presented, marks may be reduced for poor presentation. This includes filling your information on the cover page. • Students must mention question number clearly in their answer. • Late submission will NOT be accepted. • Avoid plagiarism, the work should be in your own words, copying from students or other resources without proper referencing will result in ZERO marks. No exceptions. • All answered must be typed using Times New Roman (size 12, double-spaced) font. No pictures containing text will be accepted and will be considered plagiarism). • Submissions without this cover page will NOT be accepted. Learning Outcomes: No CLO-4 CLO-6 Course Learning Outcomes (CLOs) Illustrate the role of social responsibility in the functional areas and strategic processes of business and a comprehensive framework for analyzing and resolving ethical issues and dilemmas in an organization. Write coherent project about a case study or actual research about ethics The content is available for free download in knowledge resource from the SEU homepage: Read the article entitled “Ethics and Social Responsibility in Justice Decision Making”, José Poças Rascão, Polytechnic Institute of Setúbal, Portugal, International Journal of Responsible Leadership and Ethical Decision-Making Volume 1 • Issue 2 • July-December 2019. Available in SDL and answer the following questions: 1. Discuss the evolution of the ethical concept (4 Marks). Critically elaborate the theories of ethics as discussed by the author (7 Marks). (800 words) 2. Evaluate on how ethics is related with social responsibility with references (4 Marks). (500 words)