Are Laws Ethical
People have the legal freedom to express themselves; However, their statements can still be ethically offensive and immoral. On the contrary, some people may express opinions based on their ethical or moral positions; However, the way they express these opinions may actually be illegal. Ethics offers a better balance between process and outcome by placing more emphasis on outcome. While there is a common process for arriving at an ethical decision (often deductive and consensual and principled), the outcome must also be correct. If the process has somehow ignored the relevant information, it is editable and flexible. That is not the case with the law. We could try to distinguish between the current laws of a particular government and the conception of the best, ideal and just legal system. This distinction and the fact that morality seems to be the basis of many laws suggest an approach to natural law. The theory of natural law asserts that real laws depend on morality for their authority and legitimacy. Hence Augustine`s famous assertion that “unjust law is not really law.” More modern versions of natural law theory recognize that bad laws are considered true laws and can be recognized as bad legal norms, but the most basic legal principles derive from moral truths.
On the contrary, I believe that ethics and law can be presented as a two-by-two matrix – there is even the interesting thing about practices that are ethical but illegal! Rousseau`s theories of the social contract could provide a single and coherent view of the causes of conflict and competition that modern society suffers from. We are naturally born with freedom and equality, but this nature has been corrupted by our contingent social history. However, we can overcome this “corruption” by reconstituting ourselves with new laws and agreements – guided by ethical decisions that are individually and collectively good for us. There is a precedent that shows that while it`s not easy, it`s possible. Another point I would like to raise is the emphasis in the article on citizen behaviour. At this point, I would say it`s more important to keep a critical eye on government behavior. Chris, with all due respect, I think you underestimate the cases.” unscrupulous legislators who pass laws just for their own benefit or that of their friends. This is the norm, not the exception. The huge lobbying industry bears witness to this.
We are talking about influence, which is legal but unethical. In addition, companies and other organizations that are increasingly seen as citizens of society are encouraged and expected not only to comply with the law, but also to act ethically. We are increasingly demanding that they be good corporate citizens. Then we have the added complication that the law not only has a letter, it also has a spirit that requires a commitment to ethics and, in particular, to fairness. Please explain what the difference is in your opinion. These words are used differently by different people and in different literatures. In at least one traditional use, they are interchangeable. And anyway, I don`t know of any use of “ethics” that I would be wrong to say that lying is unethical. Therefore, the law is a reactionary creature. It is not easy to adopt the creative, forward-looking, interventionist solutions of most ethical frameworks – frameworks that engage participants to avoid or prevent ethical problems. The law, in its conservatism or restraint, as it is sometimes called, often chooses non-interference in intervention and allows communities (i.e., jurisdictions) to develop their own solutions.
Ethics has greater freedom to take a more prescriptive and generalizable approach. Think about it for a moment: would you really want all ethical obligations to be turned into laws? This would mean a large number of new laws, a huge law enforcement problem and an extremely intrusive legal system. (Example: Imagine your friend asking, “What do you think of my new friend?” Imagine lying and saying, “He`s awesome!” This lie is probably unethical. But do you think it should be against the law? Should you be thrown in jail for this?) The examples you list are morally wrong, not ethically bad. There are limits to the law. The law cannot make people honest, caring or just. For example, lying or betraying a trust is not illegal, but it is unethical. While not all health professions require compliance with a code of ethics, not all require compliance with the law.
Finally, ethics and law deal with similar issues (see box). It would be interesting to hear Professor Finance`s opinion on the various issues arising from the SEC`s relationship with investment banks since the 2008-2009 debacle. At this point, it seems that the law itself is quite “fickle” when it comes to determining when an act is illegal. The Abacus case is an example of what is considered legal is “transactional,” while showing that what is ethical should not even be taken into account by the perpetrators of misconduct on multiple levels. What a great article. I am currently preparing an academic essay on ethical practice in real estate (in New Zealand). In this industry, there are a number of issues that are legal, but certainly far from ethical. On the contrary, there are sometimes actions that I would consider ethically preferable, but not really legal. But this logic is at best incomplete, leaving another line of reasoning open, which applies even in the fields of competition, and which should really lead to an issue at the heart of the absurdity “legal = ethical”. Ethics and laws can be found in virtually every area of society.
They regulate the actions of individuals around the world on a daily basis. They often work hand in hand to ensure that citizens act in a certain way and also coordinate efforts to protect the health, safety and well-being of the public. Although law often embodies ethical principles, law and ethics are not side by side. Based on the ethics of society, laws are created and enforced by governments to mediate in our relations with each other and protect their citizens. While laws impose a penalty for violations, ethics do not. Essentially, laws enforce the behaviors we are supposed to follow, while ethics suggest what we should follow and help us explore options to improve our decision-making. […] Even if the lawsuit against the buyers fails, it must be remembered that what is legal is not always ethical. It is wrong to mislead consumers, even if it is legal. And the Rexall Flyer is […] A similar view of the law is present in legal positivism. .
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