Distinguish between Law and Ethics. Do you agree to the view that ‘What is ethical is also legal’ and vice versa?.
Laws and ethics are guidelines and rules in society. Ethics originated from the society which leads to the development of laws.
Similarities
These two terms are closely related because of the similarities which they share. These similarities include:
a. They are both an instrument of order in the society
b. They are both concerned with preventing immoral and unlawful acts in the society
c. They are both aimed at creating and having a better society
d. They both regulate the conduct and behavior of individuals in the society
e. Law and Ethics create guiding principles for trade groups such as social workers, doctors, lawyers, et cetera.
f. Both law and Ethics work hand in glove to establish a moral boundary for all people in the society
g. They both mediate our inter-personal relationship and transactions with others.
Differences
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Law
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Ethics
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Definition
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Refers to a set of rules and regulation that govern behaviour in society and they enforced by authority
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Refers to morals and principles that control the behaviour of individuals in society.
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Codes
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Individuals are required to obey them
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Individuals are required to conform to them
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Governed By
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Government
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Individual, Legal and Professional norms
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Violation
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Lead to penalties and punishment
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No penalties and punishment
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Type
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Occur in a written document
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Tend to be non-written
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Makers
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Lawyers and legislature
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Religious leaders, philosophers, and elders
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Application
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Country, state and place of crime
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Universal and can be applied anywhere
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Objective
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Maintain social order and peace in the society
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Help people to choose what is right or wrong
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Binding
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legal binding
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Do not have a binding thing
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Characteristics
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It cannot be enforced.
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It need not be published.
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It may or may not be consistent.
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It is not necessary to obey.
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It is not necessary that ‘what is ethical is also legal’ and vice versa. It is ethical to not give capital punishment as it is against the Right to life but according to law it is correct (mainly for heinous crime) for maintenance of law and order in society. Similarly, the law often incorporates ethical standards to which most citizens subscribe. But laws can deviate from what is ethical. For example the laws made during Britishers were unethical in theme or the old apartheid laws of South Africa.
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