Week 1 - Introduction to Law and Ethics in Nursing Practice Flashcards
(23 cards)
How did modern nursing develop?
It grew alongside rules and laws during modernisation; first professional school opened in 1860.
What is the cornerstone of the Australian legal system?
The Rule of Law
What are key features of the legal system?
- Democracy
- Equality before law
- Federation
- Constitutional monarchy
- Parliamentary democracy
What are the pillars of power?
- Legislature
- Executive
- Judiciary
What is the role of the Legislature in the Australian legal system?
To make, change, or repeal laws. This includes the Parliament.
Who makes up the Legislature in Australia?
Members of Parliament (Senate and House of Representatives).
What is the role of the Executive in the Australian legal system?
To administer and enforce laws. It controls law enforcement bodies.
Who is part of the Executive branch in Australia?
Government ministers, the Cabinet, and public service departments.
What is the role of the Judiciary in the Australian legal system?
To interpret and apply the law in courts.
Who makes up the Judiciary in Australia?
Judges, courts, and tribunals.
What is the Westminster system?
A system with a partial fusion of powers; Executive is drawn from Legislature
What are the main sources of law in Australia?
- Common Law (precedent-based)
- Legislation (created by Parliament)
Why did nursing require legal oversight?
Professionalisation led to the need for health-specific regulation.
What are legal fields affecting nursing?
- Criminal law
- Civil law
- Administrative law
Can something be legal but unethical?
Yes, for example, disrespecting a patient
Can something be ethical but illegal?
Yes, like euthanasia in some countries
How is ethics defined?
Moral principles guiding behavior; systematic, prescriptive, universal
What questions does ethics raise?
- What is the good life?
- What duties do we have?
- What’s right/wrong?
What are objections to studying ethics?
Belief that ethics is irrelevant, law or codes are sufficient
Are laws and codes alone enough for ethical practice?
No, deeper ethical reasoning is required
What are theological vs secular ethics?
- Theological - religion-based.
- Secular: reason and logic-based.
What does normative ethics explore?
- Right actions
- Motives
- Consequences
- Character
When do ethical conflicts arise?
When personal values clash with others’ values
