Tuesday, March 27, 2012

Between Law and Ethics


We all know of conduct that is legal but unethical. There can also be conduct that is ethical but illegal.

But here are some questions: Is there a zone that falls between the legal, the illegal, the unethical, and the ethical? Can conduct flirt with the boundaries of each without clearly crossing? Can it raise our eyebrows without drawing our condemnation or praise? Or is this a case in which there is no gap but we simply choose to put on some blinders in favor of, for want of a better term, "street justice?"

I'm pondering that right now. Will keep you posted.

5 comments:

John said...

You seem to be contemplating the "castle doctrine" and its consequences.

I came to the conclusion years ago that morality and legality are often not congruent. Moreover, many conflicts, especially those now dominating our politics, might be significantly reigned in if more people would accept that simple idea.

Which brings us to your question about ethics...
How does one discern the difference (if any) between ethics and morality?

My answer may be too simplistic, but I understand ethics as a collective principle, as opposed to morality (a very individual and personal issue).

To the faithful of most religions morality and ethics are essentially identical. But because most people do not see the difference they are quick to want their code of morality (personal) normative for everybody since they don't know many people who don't hold the same views and the ones they may know, though mostly "on the right track" will one day see the light.

Or is this a case in which there is no gap but we simply choose to put on some blinders in favor of, for want of a better term, "street justice?"

The Sanford, Florida, case stands at the intersection of two conflicted collective value systems. It raises the question of who was "standing" what "ground." Even the language is muddy and imprecise. It's not enough to say they both were wrong. That is dodging the question. After all the hairs are counted and split the larger reality is not very different from any other victim's response to a perpetrator. And in the aftermath, each wants to claim the status of a victim, but the one who is dead no longer has a voice in his own defense.

Larry A. Grant said...

I think the answer is yes, it is possible to behave ethically but be outside the law. First, 'law' is man made, but depending on your philosophical persuasion it's possible to argue that ethical behavior transcends the law. I would construct an example by resorting to the sort of thought experiment used by my physics professors, i.e. setting a variable to an extreme value and seeing what happens to the equation. In this case, my extreme value would be a law, duly constructed by an elected government, say the Fugitive Slave Act or a German racial purity law. By my admittedly subject calculation in such a case, it's easy to behave ethically yet be in strict violation of the law. But then I believe in natural rights, so I may be full of it.

Michael Wade said...

John,

I believe the distinction between ethics and morality is helpful, with ethics being the broader concept of right and wrong and morality, often religion-based, being narrower, such as beliefs that gambling or drinking is wrong.

My "street justice" point is not the Florida example but the intangible forms of persuasion that fall outside of formal justice procedures; e.g. the cop who severely reprimands a person who is annoying people on the street but does not issue a ticket.

Larry,

I absolutely agree that ethical conduct is not always legal and you've cited too very good examples.

I'm looking for gaps beyond those: items that are not illegal or unethical but which are not mundane, such as opening a can of vegetables, and which fall close to the legal/ethical boundaries.

Something to think about.

Michael

Bob said...

If you saw $20 fall from somebodies hand, nobody noticed except you, yet once you picked it up it would take a bit of effort to find the person who dropped it....Do you try or do you put it in your pocket?

or

The cop who pulls over a car for speeding to find the driver is a cop, hence just gives him a warning...

The cop has the discretion to issue a warning or a ticket, yet the identity of the driver influences the decision....

Which choice would you make? It's neither illegal nor unethical, but it just doesn't seem right :) well unless your a cop....

Andy Randall said...

Great post!