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Laws And Ethics Essay

979 words - 4 pages

Laws and Ethics

The Dilemma: A married couple, both addicted to drugs, is unable to care for their infant daughter. She is taken from them by court order and placed in a foster home. The years pass. She comes to regard her foster parents as her real parents. They love her as they would their own daughter. When the child is 9 years old, the natural parents, rehabilitated from drugs, begin court action to regain custody. The case is decided in their favor. The child is returned to them, against her will. Do ethics support the law in this case?
The question of whether any school of ethics supports this ruling is not as black and white as it may seem. The Care-based theory of thinking ...view middle of the document...

Marshall William Waller a California child custody attorney states that “most judges recognize that it is their job to decide where the child will live, and Not the child’s” (Waller, 2009). Both attorneys’ statements back the court’s decision to return the child to her biological parents. Ethics pertaining to this situation are not black and white especially when using the Care-based approach. There are many peoples’ feelings to consider especially the child’s. Based on the limited information provided and if the biological parent’s parental rights were not terminated, I would say reach a solution using this theory is hard because of the empathy logic used to come to a conclusion. You came be empathetic to all parties involved. I do feel the ruling is just because if the parents have truly rehabilitated themselves they do deserve a second chance. This is my opinion in this matter.
The Rules-based theory would say that this is an ethical decision because the law (rule) was followed. The decision of the court is ethical regardless of the effect it has on the child or the foster parents. Rules-thinking does not factor in how attached to the foster parents this child has become, it is black and white because the court ruling would be the rules followed in this case.
There are huge differences in the 2 solutions; Care-based has me place myself in the shoes of the affected parties and by doing so make a just and ethical decision. Using the Care-based theory of thinking makes this decision is a difficult one because as I stated earlier there are many things and people to consider, mainly the child. Following your heart is not always the correct answer but this is what the Care-based theory would have you do. Rules-based is cut and dry because of what the law states and...

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