Written Analysis – Law and Ethics
Since we were kids and became conscious of our surrounding, our parents and grandparents instilled in us an awareness of what is right and wrong. In other words, it is a trait of all human beings and fosters from our desire to get along with each other to live a harmonious life. Laws are a set of rules and behaviors set by governments that society illustrate on what people can or cannot do. The purpose of this paper is three-fold: it will identify and define what distinguishes law from ethics and what similarities they share. The second is an analysis of examples of where law and ethics either meet or diverge. Third is the role where law and ethics either meet or diverge.
The word “ethics” comes from the Greek word ethos (character), and from the Latin word mores (customs). Ethos and mores together define how individuals choose to interact with one another. Therefore, individuals try hard to do what feels and seem like the right thing to do in certain actions. Philosophy defines ethics as what is good for the individual and society while establishes the nature of duty that people owe to one another. Ethics is rules of behavior and conduct that show how our society expects us to behave and is the controlling values behind the construction of laws.
The purpose of laws is to protect its citizens. Laws are written and approved by the three main bodies of government, and then are enforced by the police and with the help of the legal system
Ethics is a division of philosophy that results through the logical human values. These values are the priciples that individuals or society consider being important. Values are not fixed entities, they change as cultural, political, economic, and social significances change. Ethics assist in determining forms of conduct that are morally acceptable or unacceptable as well as play a role in human activities that invole intelligent judgement and voluntary actions. When there are conflicting values, ethics help to distinguish which value
The purpose of the law is mainly seen as the achievement of justice for everyone. Justice can be seen differently according to differing values in society. Laws are needed for protection, for proper function of society and for fair outcomes.
What is ethics? According to Velasquez et al (2010), “ethics is a well-founded standard of right and wrong that prescribe what humans ought to do, usually in terms of rights, obligations,
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
Ethics refers to a system of moral standards that guide the decision for human conduct of what is right and wrong based on everyday life situations, usually in terms rights, obligations, benefits, fairness, or virtue. Ethics is used as a formal guideline for conducting business in order to minimize pain to the greater number of people as a whole. The principles of ethics come from the knowledge and understanding of the word of God, the Bible. It tells us how we ought to think and behave toward one another considering first, how we want to be treated. For instance, we have the right to freedom of speech as long as we don’t insult the integrity of others. In addition, God gives us examples for how make right decisions and
Ethics is the moral principles that govern a person's behavior or the conducting of an activity. It is the moral values that a person believes in. The way that a person interacts with others. The golden rule of treating others how you would like to be treated. Having good ethics is a basis for having a successful business.
Law is a legal system that comprises of rules and principles set by the government or ruling authority to govern over affairs within the community. Ethics are moral guidelines set, and put fourth and followed by individuals. Las are based on moral values of a particular society. Describing the basic behavior of human beings. Laws represent the minimum standards of any human behaviors, that is, ethical behavior. They both provide people a set of moral values, prevent people from violating them and guidelines of what they can or cannot do in certain situations. They exist for the purpose of making people benefit from being members of a well-regulated society. Laws evolve from our society’s ethics by outlining a basic standard of behavior necessary
Ethics and law do not always go hand in hand. Not every law is ethical, and even if a law is considered ethical on its surface, it may result in unethical outcomes. "Ethics refers to well-founded standards of right and wrong that prescribe what humans ought to do, usually in terms of rights, obligations, benefits to society, fairness, or specific virtues.”
While society enforces thousands upon thousands of rules and laws, understanding the ethics and reasons behind enactment of the laws are still missing in society. Immanuel Kant said it best in the Categorical Imperative when he said, “"All maxims as proceeding from our own [hypothetical] making of law ought to harmonize with a possible kingdom of ends" (Kant, 2009, p. 75). If ethics is not being taught in conjunction with lawmaking, then people will never understand the reasoning behind the creation of the laws under which they must live. Ethics and law are deeply intertwined law is founded on the ethics of the people writing
Ethics are the “standards of conduct that indicate how one should behave based on moral duties and virtues.”
According to Guido, ethics is the branch of philosophy concerned with the evaluation of human action. A broader definition would be that ethics involves the principles or assumptions underpinning the way individuals or groups ought to conduct themselves.
The word “ethics” comes from Greek ethikas meaning character. Today, we use ethics to describe the normative standard of behavior. The history of philosophical ethics has been broken up into five rational methods: Virtue, Traditional, Modern, and Post-Modern Ethics. Within these periods, the philosophy of ethics changed along with the changes being made within society.
The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of respective commentators (Slapper and Kelly, 2009, p16), although there are common themes that are almost universally adopted. The conclusions to this work endeavour to consolidate thinking on the rule of law in order to address the question posed in the title, which is at first sight a deceptively simple one.
This article focuses on one of his highly appreciated work, Concept of Law – 1961. The book analyses on the law, morality and fear or threat through which the author is attempting to classify the question as to whether the law can be conceptualized as the forceful orders or the moral commands. Prof. Hart is of the opinion that all laws need not be classified as coercive or moral commands, there need not be any logical connection between the Laws, and morality or between the laws and coercion. He is of the opinion that by classifying all laws as either moral commands or coercive orders will be misleading and mischaracterizing the purpose and function for which the law was originally created. Different laws have different applicability as it is drawn from several sources and there exists a purpose for which a law will be created.
When discussing the relationship between law and ethics a lot of things are taken in consideration. But the first thing is to know what each of them mean. In some ways law plays a role in ethical values, while some laws can be influenced by ethical values.