What do you think on legal vs ethical?
If something is legal is it considered ethical? Give examples to if you can.
Legality is a society’s application of ethics to the structure of society- ethics are the rights and wrongs as perceived by those outlining the societal norms; thats why medical ethics may be different than legal ethics for example because the issues the ethical principles cover differ. If the ethical principles of those in power allow capital punishment (the needs fo teh many outweigh the eneds of the few), then there will be capital punishment. If those in power believe that white people are superior to blacks, then in defense of their soeciety they will enact laws that prevent blacks from acheiving personhood in law. Ethics are always in the eyes of the beholder.
Ethics often evolve from religious or sociocultural norms, the ways we live together influence our perceptions of right and wrong, and what should happen to those who do things the right way and the wrong way. Where we live and in what circumstances influence the perceptions we develop.
If you look at the difference between JudeoChristian law (the most common in Western civs) and Sharia law (Islamic), you see a huge difference- the ethics are similar, but the laws are very different. Both say all epople are equal, but one says women are nto really equal. It was someone applying their perception of the ethical principles that caused that differentiation. It depends on where you are- stoning someone to death is both legal and ethical in Iran… not in Glasgow.
In Western Society, adultery is barely noticed, even though it violates a number of ethical principles- honesty and truthtelling, doing no harm, doing good, etc…. in Sharia law, one can be put to death for adultery.
Some societies over-legislate in an attempt to coerce people into behaving in a socially acceptioble, ethical manner- but ethics cannot be legislated: those who are forced to act ethically are not truly acting ethically as it relies on free choice- if someone is forced to behave a certain waym, they aer not behaving ethically, as ethics requrie conscious choice- at best, they are behaving ammorally, neither with nor without ethics.
Ethics and law can work the other way too, not just law being the application of ethics, but ethics being the application of law: As a nurse, I have a code of professional conduct- it says that I had certain ethical obligations to my patients as well as my colleagues. To break the law in any way could be seen as loss of my credibility as a nurse, therefore invalidating my right to be a nurse. It doesn’t matter if the law is an “ethical” law- is the same penalty whether I am protesting against vivisection or drunk driving. Also, I have an obligation to be attentive to ethics in my practice- or face legal action.
Depending on which ethical principles you choose to use as your foundation, you can sometimes see law clearly laid out. Ethics likely started as a way of “civilising” people as they started to live as organised groups, norms that allowed everyone to live together. When these norms could no longer be enforced casually, then it was necessary to put laws into place to protect the rights of people… and rights are those things protected by ethical behavour.
Some examples: if every respected the right of each individual to personhood, then there would be no need for discrimination laws, no Disability legislation, no equal rights legislation….
if we all respected the ethical principle of justice and fair play, no one would ever be robbed, no one would ever be defrauded…
but people may be moral, immoral (having bad morals), or amoral (having no morals, good or bad). Often, how they act towards others depends on their stance, and the need to involve law to protect the rights of one person over the rights of another is influence by the presence or absence of ethics.
IN summary to your question therefore, I would say that it is not necessarily true that if something is legal, it is ethical, as law is blind and ethics requires sight, but that lwa is often inspired by ethics and their application to protect the rights of vulnerable people, but that being forced to behave ethically invalidates the freedom of choice on which ethics are based. So one might say that even though Ethics are the foundation in which law is based, making obedience to law compulsory actually invalidates prevents people form acting athically as they have no choice.
Hope that makes sense!
B
Legal & Ethical Responsibilities p4 of 4
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- Depending on which ethical principles you choose to use as your foundation you can sometimes see law clearly laid out Ethics likely started as a way of civilising people as they started to live as organised groups norms that allowed everyone to live toget
