The Relationship Between Law and Ethics - Essay Example

Law and Ethics Introduction: Law and ethics are two poles that are different yet they have a relationship and work hand in hand. The society cannot be functioned without either of these elements as they form the basis of the human life. The relationship between law and ethics and how important is either one is highly debatable. The basic relationship is that laws are the standards and rules set by the government in response to the ethical considerations of the respective society. Many laws can be said to be based on the society where they are made and they may also be amended as per the ethical concerns of the society. However, this paper will assess the definitions of law and ethics, their differences, and their relationship to represent how they work hand in hand and what position they hold in the human societies. What are ethics? Ethics are generally defined as the moral principles that govern a person’s behavior. It is the knowledge of what’s right and wrong, good or bad, and the tendency to do the good. It is also a branch of philosophy in which the good for the individuals and the society is recognized. Ethics are abstract as they differ and alter in different societies and as societies change. In a society, ethics can be generalized as the standards and ideas that are considered to be good and that determine the behavior of individuals with those around them. Ethics rule the behaviors of an individual and restrict them from doing what is considered wrong. However, these principles are traditionally set and may change society to society such as a particular action can be considered unethical in a conservative society whereas it could be totally acceptable in another society (Gohsman, 2008). What is law? Law, on the other hand, is different from ethics. It can be said that laws of a society are derived by the ethical principles such as the ethical principles of an Islamic society would govern the legal principles too. Laws are definite and are established rules that regulate the actions of a particular society and its members. Laws govern the behaviors and actions of the members of a society and they tend to impose penalties on those who fail to follow these rules. An individual must follow the laws of the state or region where he resides. There are certain regulating bodies and social institutions that ensure that these laws are being implemented and followed by all citizens. They are equal for everyone despite their moral principals or ethical indifferences (Wigens, 2004). Difference between laws and ethics: It is important to understand the difference between law and ethics in order to analyze how they are worked out. Every individual has been given the ethical values of what is right and what is wrong by their parents and elders. These ethical principals are in order to allow people to interact and get along with one another without conflicts to live a peaceful and harmonious life. Ethical principals are usually based on dealing with others in the way we would want to be dealt with. The foundation of ethics is based on doing in a situation what we feel is right. These are the rules of behavior and conduct based on the expectations of the society from individuals and is the guiding principles of creating laws (Gunning, 2013). Laws are different but they are based on the ethical principles that govern a society. Laws are made by the government in order to regulate the rights of individuals and to mediate relationships between people. Laws tend to protect the citizens and ensure punishments for those who fail to obey them. Laws are mandatory to be followed unlike ethics that are only based on morality. Laws are rather concrete and based on legal implementations. Laws cannot be made by anyone in the society; they are made by one of the branches of the government and approved by them. The executive branch of the government is the one which implements and enforces the laws on citizens in every aspect: traffic laws, health laws, education laws, environment laws, business laws, and so on. Ethics are also applicable in every field such as healthcare, management, etc but there are no penalties for those who act unethically unless the ethics are regulated by laws such as business ethical laws (Gohsman, 2008). In ethics, everything depends on the conscience of an individual. A person will not be punished if he acts otherwise but he will be considered unethical in the society. A person who is driving carefully in order to prevent hurting someone is being ethical, and if he is driving carefully because the there is a police car behind, then he just fearful of being punished for breaking the law. Ethics are taught to individuals in their homes, since their childhood. Ethics help individuals to preserve their self-respect and moral sense (Head, 2008). They are not strict and enforced by institutions like laws but they are regulated in the society by traditions and morality. Laws and ethics may hold different positions in an individual’s life but they certainly have a relationship. Relationship of law and ethics: Ethics are worked out from human experiences and reasoning where actions are determined right or wrong based on self-conscience. Laws are the rules and regulations set by an authority in power for the betterment and smooth running of the society. Law is backed by power and it has an option to be enforced by force unlike ethics. Laws can be fair and moral but they are not always based on the foundations of ethics. At times, there are situations in which an action is legal but unethical, or illegal but ethical (Gunning, 2013). For example, a person who spends endlessly on his luxuries while his neighbor is poor and needy is not doing anything illegal as the law permits and grants freedom to individuals to make their own choices, but this might be unethical as the conscience of the individual would dictate him to help his neighbor first. In another example, an individual is legally allowed to party and celebrate while someone close is in sorrow but ethically; this is now allowed and would be considered highly immoral. Laws may not always have a moral implication. Many laws, such as traffic laws, do not involve the question of morality or ethics. Laws set the standards of expected behavior from people such as children are not legally bound to love their parents but if they mistreat them deliberately they will be questioned under law because there is a certain behavior expected from them. Simply following the law does not make a person ethical (Gohsman, 2008). However, ethics does not prohibit a person from anything while law does. Ethical behavior is motivated by the feeling and conscience of doing well with others such as being respected, loved, and cared; while laws are motivated by the punishment of not following them. There is another aspect to look at ethics and law. Law follows the actions whereas ethics precedes them. Ethics guides us with the positive actions and behaviors that must be developed in our personalities while the law gives us the consequences of the wrong and negative actions such as what punishment would be given (Wigens, 2004). Laws are also universally followed as they are governed by certain institutions. Similarly, there are certain universal ethics that are followed in every society such as saying the truth, being honest, caring for others, etc. Most of the times, the ethical standards are incorporated into the laws as institutions feel that ethical standards can be enforced by the strictness of the laws. It is also a belief that it is the moral duty of every citizen to follow the laws. Conflicts occur when laws and ethics contradict one another or hurt someone’s beliefs as ethical practices tend to vary from society to society (Gunning, 2013). What is more important? Many people may often wonder whether it is more important to be lawful or ethical. The answer lies within the well-being of the society. Both the standards are set to achieve betterment and prosperity in the societies. People follow laws to remain honest towards the state and are ethical in order to be honest towards the people around them. Laws and ethics work hand in hand and it is impossible to debate over the importance or superiority of one over the other. When ethics and the law collide: Ethics and law must coexist to provide the necessary guideline and stability to the people living in a society as a whole. No society can exist in the absence of either one of these principles. An individual must be ethically motivated to follow the laws and act legally in every direction. Laws are bound on every citizen to follow and ethics are by choice but a person who would act both legally and ethically is more likely to be appreciated, respected, and well-established in the society (Head, 2008). Conclusion: Conclusively, law and ethics are completely different concepts but they are often balanced off in a society where well-being of the citizens is valued. People are given the importance of both and expected to act ethically as well as legally. Debates and arguments may occur at many places regarding contradictions but the authorities would always consider laws above everything else hence it can be said that it is rather slightly more important to follow the laws strictly when given no other option of flexibility. References Gohsman R. (2008). Law and Ethics. Lippincott Williams & Wilkins Gunning J. (2013). Ethics, Law, and Society. Ashgate Publishing Head M. (2008). Law in Perspective: Ethics, Society and Critical Thinking. UNSW Press Wigens L. (2004). Law and Ethics. Nelson Thornes Read More