Ethics Vs Procedural Due Process

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This new regulation was first noticed in 2012 when it was submitted to the office of the federal register at https://www.federalregister.gov/documents/2016/05/10/2016-10685/deeming-tobacco-products-to-be-subject-to-the-federal-food-drug-and-cosmetic-act-as-amended-by-the. The regulation passed by the FDA like any other regulation can be challenged by due process. There are two types of due process that can challenge an regulation by an administrative agency. These two types are called Procedural due process and Substantive due process. Both of these types can be useful in challenging a regulation that some feel might go too far, or feel that the regulation violates their rights. Procedural due process is when a law denies a person a life, liberty, …show more content…
The reason some might feel this was is through an ethical theory called legal positivism. Legal positivism are rules that are enacted by man not because of any moral law but because they are enacted by legitimate authority and are accepted by society (retrieved from http://www.businessdictionary.com/definition/legal-positivism.html). This definition of legal positivism seems to say that when certain rules are made it is not because they are moral or what needs to be done, but are made because it is part of an authority figured and that society just accepts the laws without any real questions. The new regulation by the FDA on tobacco products would not be ethical under legal positivism. The reason for this is that the new regulation was not made because there was a sense of moral obligation but because there was pressure from higher ups in dealing with tobacco products and how to handle the situation. After all of this one has to wonder if legal positivism is a sound ethical theory for the responsible administrator to use in his/her work environment. This ethical theory is not sound because it takes away a sense of morals that a person grew up with in their lives. Ethics in many ways define who we are and what we think about certain things in this world. By taking that aspect of our lives out when making decisions, you are leaving out the chance to discuss the matter and leaving the decision making to higher ups who might have a different agenda from you, and make a decision that will go against your beliefs and what you feel will be the best for the

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