Study-Unit Description

Study-Unit Description


CODE EMA1311

 
TITLE Introduction to Law and Ethics

 
UM LEVEL 01 - Year 1 in Modular Undergraduate Course

 
MQF LEVEL 5

 
ECTS CREDITS 4

 
DEPARTMENT Faculty of Economics, Management and Accountancy

 
DESCRIPTION This introductory study-unit on laws and ethics presents a set of fundamental concepts that are useful to every profession in the business world and, in particular, to each and every specialisation being catered for at FEMA, namely; accountancy, banking and finance, economics, insurance, management, marketing and public policy. It embraces a grasp of concepts and principles that inform:

- The law and democracy
- Constitutionalism
- Rights and Obligations
- The Rule of Law
- Good governance (Accountability, meritocracy, transparency etc.)
- Ethical conduct in professional (public and private enterprise) life.

The study-unit applies these concepts and principles to cases drawn from the real world, with a view to training students in analysing ethical issues and making good choices.

Study-Unit Aims:

The aim of this study-unit is to familiarise students with fundamental notions of law and ethics, as determinants of the institutional character of the State, sound business practice, and ethical leadership. Accordingly, the programme is designed:
- to cultivate a thorough understanding about how laws are made and implemented, and how disputes are adjudicated;
- to explore the role of regulatory frameworks in regulating markets;
- to identify and examine the ethical principles applying in leadership, professional practice, public institutions and business enterprises; and
- to help students acquire skills of analysis and decision-making in applying the foregoing concepts and principles to real world cases.

Learning Outcomes:

1. Knowledge & Understanding:

By the end of the study-unit the student will be able to:

- discuss the role played by law in regulating the State, economy and society;
- recognise the value of the Separation of Powers in upholding the rule of law;
- explain how laws are made and implemented, and how disputes are adjudicated;
- recognise the various functions and jurisdictions of courts of justice;
- identify the principal laws that regulate private enterprise - e.g. Companies Act (CAP 386) and Employment and Industrial Relations Act (CAP 452), explain their purpose, and analyse their leading strengths and weaknesses;
-invoke and apply Rights and Obligations in the Commercial world;
- interpret the Rule of Law paradigms as safeguards of economic and financial stability;
- identify fundamental principles of ethical leadership and discuss their applicability in particular situations;
- understand the purpose and scope of codes of professional conduct.

2. Skills:

By the end of the study-unit the student will be able to:

- recall and relate to legal instruments of institutional design;
- navigate, in general terms, through the principal legislation regulating the State and markets;
- analyse simple situations requiring ethical choices by distinguishing the legal, ethical and prudent dimensions of a situation.
- discern the normative dimension of decision-making and predict the implications of breaches and transgressions;
- research and draft basic advice on ethical considerations in both professional and public life.

Main Text/s and any supplementary readings:

BOOKS:

- Aquilina, K. (2017), The Rule of Law a’ la Maltaise, BDL.
- Attard, D.J. (2012), The Maltese Legal System, Vol. 1, Malta University Press.
- Bonello, G. (2018), Misunderstanding the Constitution – How the Maltese judiciary undermines human rights, BDL Publishing.
- Borg, T. (2016), A Commentary on the Constitution of Malta, Kite Group.
- Meli, S. (2020), The Philosophy of Law – A brief introduction, Kite Group.
- Warrington, E. (ed.) (2021), Serving People and Parliament – The Ombudsman Institution in Malta, 1995-2020, Office of the Ombudsman.

REPORTS:

- CDL-AD(2018)028 – Malta: Opinion on Constitutional arrangements and separation of powers and the independence of the judiciary and law enforcement, adopted by the Venice Commission at its 117th Plenary Session (Venice, 14-15 December 2018).

LEGISLATION:

- Companies Act, CAP 386, Laws of Malta.
- Employment and Industrial Relations Act, CAP 452, Laws of Malta.
- Standards in Public Life, CAP 570, Laws of Malta.

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Examination (2 Hours) SEM1 Yes 100%

 
LECTURER/S Kurt Borg
Bernard Anthony Busuttil
Clayton Paul Silvio
George Vital Zammit

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2024/5. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit