Keith Mack
Law and ethics are not the same thing. While laws are rules enforced by society, ethics defines what is good for the individual and society, and establishes the nature of duties that people owe to themselves and each other. Ethical people always try to be law-abiding, but there may be instances where their sense of ethics tells them it is best not to follow the law. For example, workplace treatment of others may not violate employer-employee laws but still be unethical, such as forms of cyberbullying. Similarly, just because something is immoral does not make it illegal, and just because something is illegal, it does not make it immoral.
| Characteristics | Values |
|---|---|
| Law and ethics are not co-extensive | The law does not prohibit many acts that would be widely condemned as unethical |
| Ethical legalism | Following the law does not equate with being an ethical person |
| Ethics and law are "kissing cousins" | Sometimes they coincide, and other times they don't |
| Moral value of following the law | Depends on the moral theory subscribed to |
| Moral obligation | Laws are broken based on a sense of moral obligation |
| Ethical people go beyond the law | Ethical people always try to be law-abiding, but there may be instances where their sense of ethics tells them not to follow the law |
| Workplace ethics | Workplace treatment of others may not violate laws but still be unethical |
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What You'll Learn
Laws are a minimum standard of behaviour, ethics go further
While laws provide a framework for acceptable behaviour in society, ethics guide individuals to go beyond the basic standards set by these laws and strive for the highest moral good. Laws are essential for maintaining order and protecting citizens, but they are not always synonymous with ethical behaviour. Ethical behaviour, therefore, often goes beyond mere compliance with the law.
The relationship between law and ethics is complex and multifaceted. Laws are created to establish standards of behaviour that are necessary for a functional society. They provide a baseline for what is acceptable and outline the consequences of deviating from these standards. However, laws are not always a perfect reflection of ethical ideals. Ethical principles, on the other hand, are rooted in a deeper understanding of right and wrong, fairness, justice, and the duty that individuals owe to themselves and one another.
In some cases, laws may fall short of addressing all ethical concerns. For instance, certain actions like cheating on a spouse, breaking a promise, or lying to a friend are widely considered unethical but are not illegal. Similarly, laws may prohibit certain behaviours that some groups perceive as ethical, such as abortion. Additionally, laws can vary across different societies and cultures, reflecting the values and beliefs of those specific groups. Ethical principles, however, transcend these boundaries and are often based on universal notions of morality.
Furthermore, ethical individuals may find themselves in situations where their sense of ethics conflicts with the law. These situations are rare and should be based on sound ethical reasoning. For example, an employee might face a dilemma where following company rules would violate their conscience or cause harm to another person. In such cases, an ethical person might choose to prioritise ethical principles over strict adherence to the law, even if it means facing potential consequences.
In conclusion, while laws provide a necessary framework for maintaining social order, ethics go beyond simple rule-following. Ethical behaviour is about learning what is right and wrong and then choosing to do the right thing, even if it means going above and beyond what is legally required. Ethical individuals strive to minimise harm, maximise benefit, and act in ways that are consistent with their values, even when no one is watching. Thus, laws serve as a minimum standard of behaviour, while ethics guide us towards a higher moral standard.
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Ethical people may break the law for sound ethical reasons
While it is true that laws are generally created with ethical principles in mind, it is also important to recognize that law and ethics are not always perfectly aligned. There are situations where ethical people may find themselves compelled to break the law for sound ethical reasons. This concept challenges the notion of ethical legalism, which asserts that following the law is equivalent to being ethical. However, ethical people understand that laws set minimum standards of ethical behavior, and they strive to go beyond mere compliance.
One example of this disconnect between law and ethics can be found in workplace dynamics. While employer-employee laws establish the legal boundaries, they do not always account for the ethical dimensions of interpersonal interactions. For instance, cyberbullying in the workplace may not violate any specific laws, but it is undoubtedly unethical and can have detrimental effects on the well-being of employees. In such cases, ethical individuals may feel compelled to take action that goes beyond legal compliance to address the issue.
Another illustration of this dichotomy is the historical context of segregation laws. Throughout history, there have been numerous instances where laws enforced behaviors that are now widely considered unethical. For example, in 1940s Germany, individuals who hid Jews to protect them from Nazi persecution broke the law but acted ethically by upholding the value of human life. Similarly, in the United States, segregation laws were once legal but are now recognized as unethical. These examples demonstrate that laws are not static and can change over time as societal values evolve.
Additionally, it is worth noting that ethics involves learning what is right and wrong and then doing the right thing. This inherently involves a degree of individual judgment and moral reasoning. Ethical people recognize that their actions can have consequences for others and strive to avoid causing unnecessary harm. In certain situations, this may mean breaking the law if it conflicts with their ethical principles. For instance, an employee may choose to disclose information or take a stand against an unethical company policy, even if doing so violates company rules.
While these situations are rare, ethical people understand that their sense of ethics may sometimes supersede legal compliance. It is important to emphasize that ethical people always try to be law-abiding. However, in exceptional circumstances, their ethical compass may guide them to act in ways that challenge or transcend the boundaries set by the law. Ultimately, ethical behavior involves more than just following rules; it requires a commitment to doing what is right and just, even when it is difficult.
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Ethics and law are not the same, immoral laws can exist
It is a common misconception that following the law equates to being an ethical person. This view is known as ethical legalism. However, this is not the case, as laws merely set minimum standards of ethical behaviour. Ethical people often go beyond what the law requires, and while they generally try to abide by the law, there may be rare instances where their ethical principles conflict with the law. For example, certain workplace behaviours may not violate employer-employee laws but are still unethical, such as cyberbullying.
Ethics and law are not the same, and immoral laws can exist. Laws are rules enforced by society, and their violation may result in punishment. However, just because something is illegal does not make it immoral, and vice versa. For instance, lying to or betraying a friend is not illegal, but most would consider it unethical. On the other hand, speeding is illegal, but many do not view it as unethical.
The relationship between law and morality is complex. While some laws embody ethical principles, there are acts that are widely considered unethical yet are not illegal, and immoral laws have existed throughout history. For example, segregation laws in the US enforced behaviours that are now deemed unethical. Similarly, a law requiring the stoning of a woman accused of witchcraft would be considered immoral by most people today.
Furthermore, there may be laws that are not explicitly immoral but can be applied immorally in specific contexts. For example, a law against stealing property is generally moral, but it could be immoral in the context of freeing slaves. Thus, the mere existence of a law does not automatically make it ethical.
The philosopher Peter Singer, in his book "Practical Ethics", acknowledges the potential moral value in following the law. However, he argues that this value should be weighed against other consequences of obeying or breaking the law. Additionally, Singer suggests that there may be no inherent wrongness in disobeying a law if no one knows about it, independent of the morality of the act itself.
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Laws can be immoral in specific circumstances
The relationship between law and morality is complex and multifaceted. Some laws may be viewed as immoral in certain contexts, such as the treatment of employees in the workplace, which may not violate employer-employee laws but could still be deemed unethical, like cyberbullying. Similarly, in the case of job termination, companies may want to delay informing employees to keep operations intact, but early notification could help employees prepare for financial stability.
Historical examples, such as the endorsement of slavery and segregation in the US, illustrate instances where laws were immoral and unethical. The majority vote does not determine right from wrong; the liquidation of millions in Communist Russia under Stalin was wrong, despite being a democratic decision.
Furthermore, ethical people may sometimes have to go beyond the law in their decision-making. While laws provide a framework, they do not always capture the complexities of moral dilemmas. For instance, a law mandating the reporting of undocumented persons may be immoral if it endangers those individuals. Ethical people must consider the broader implications of their actions and strive to do what is right, even if it means breaking the law in rare and justifiable circumstances.
In conclusion, laws can be immoral in specific circumstances, and ethical individuals must use their judgement to navigate the complexities of morality and legality. While laws provide a baseline, true ethical behaviour involves learning what is right and wrong and then doing the right thing, even if it means going beyond legal compliance.
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Morality of law-breaking depends on the moral theory subscribed to
The morality of law-breaking is a complex issue that depends on the moral theory subscribed to. While some may argue that following the law is synonymous with being ethical, this notion, known as ethical legalism, is not universally accepted. Ethical people often strive to go beyond the law and make decisions based on sound ethical reasons.
Natural law theory, for instance, posits an overlap between law and morality, suggesting that certain laws derive their authority from their moral content rather than solely from human convention. This view, known as the Overlap Thesis, is supported by various legal theorists, including Thomas Aquinas and John Finnis. However, others like John Austin, a prominent legal positivist, deny the Overlap Thesis, arguing that the legal validity of a norm need not depend on its conformity to moral standards.
The Moral Impact Theory, on the other hand, offers a different perspective. It suggests that legal institutions, through their actions, change our moral obligations by altering the relevant circumstances and expectations. This theory emphasizes the dynamic relationship between law and morality, where legal institutions influence the moral landscape, and moral considerations, in turn, shape the interpretation and application of the law.
In practical terms, the morality of law-breaking can be nuanced. For instance, an employee might face a dilemma when they feel that following company rules would violate their conscience or cause harm to another person. In such cases, acting ethically may require disobeying orders or rules to prevent suffering or wrongdoing. Ethical people are often willing to go beyond the law when circumstances warrant it, guided by their sense of right and wrong.
Ultimately, the morality of law-breaking is contingent on the specific moral theory being applied. While some theories emphasize the intersection of law and morality, others maintain a distinction between the two. As a result, the justification for breaking the law can vary depending on the ethical framework being utilized.
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Frequently asked questions
Yes, it is possible to follow the law without being ethical. The law sets minimum standards of ethical behaviour, and there may be instances where a person's ethical sense tells them not to follow a particular law.
Sure, some laws may not be considered ethical in specific circumstances. For example, an employer may need to let an employee go due to the company closing down. There is no law requiring employers to inform employees of this as soon as possible, but it would be considered unethical not to give employees a reasonable amount of notice.
Yes, there are times when people think that, in order to do the right thing morally, the law must be broken. These acts are known as acts of civil disobedience. For example, lying or betraying the confidence of a friend is not illegal, but most would consider it unethical.
Law and ethics are not the same. Just because something is immoral does not make it illegal, and vice versa. Ethics involves learning what is right and wrong and then doing the right thing. Ethical people strive to be more than just rule-followers and will go beyond the law when circumstances warrant it.
