Laws and Ethics

Just because a notion or initiative is unethical does not necessarily mean it is illegal. Should laws and ethics be co-dependent? Are they a separate entity? To explore how laws and ethics are dissimilar, let’s first examine the definition of a law and the term ethics. Laws are dynamic and are attempted to be clear. Laws are indicative to our society and “provides a set of rules for our behavior” (Halbert & Ingulli, 2009, p.1). Laws are punishable when disobeyed by society. How laws are made, enforced, and interpreted can sometimes be controversial, but we are all aware of the underlining principles of laws. Laws exist to perpetuate a system where compliance and behavioral standards are established within our society (Halbert & Ingulli, 2009, p.1).

Ethics are considered subjective in nature to the user. Notions measured unethical to one maybe ethical to others based on their own personal belief system. Davies (2009) contends ethics has “to do with an inherent sense of right and wrong, an inbuilt conscience that all humans possess, influenced by the very large background of tradition and culture” (4). To be unethical in some actions can be illegal, such as stealing. However, being unethical does not mean you are necessarily breaking the law such as an individual who views pornography. The act of viewing pornography is legal, but to many individuals it is considered unethical. “While a law concerns what we must do, ethics concerns what we should do” (Halbert & Ingulli, 2009, p. 1).

One case exemplifying the gap between laws and ethics is the Massachusetts case of Conley v. Romeri. Both the plaintiff and the defendant were in their 40s and in a relationship. The plaintiff, who was childless, told the defendant she desired to have a family before it is too late. The defendant advised the plaintiff to not worry because he has seen a fortuneteller, and the fortuneteller advised the defendant that he would increase the number of children. After seven months of attempting to conceive a child, the defendant advised the plaintiff he had a vasectomy years ago (Ethics Scoreboard, 2004, 1-5). The plaintiff sued the defendant stating he mislead her and threw her into emotional distress and depression. The defendant, even having a vasectomy, claims to believe the fortuneteller. “The Massachusetts Appeals Court, however, found that while Mr. Romeri may have behaved abominably, it was not the place of the law to punish him” (Ethics Scoreboard, 2004, 1-5). The case clearly displays poor ethical and immoral decisions made, but not illegal. One last powerful statement by the Ethics Scoreboard (2004) sums up the dichotomy between laws and ethics by stating “the law will never succeed in making people be honest, caring, and fair. Only we can do that, by creating a society in which boys grow to manhood knowing that behavior like Mr. Romeri's is wrong” (8).

As diverse as our cultural society exists, there needs to be synergetic efforts and collaboration to find common ground to coexist with both legal and ethical dilemmas to compromise on the right way to live our lives in harmony. Understanding cultural clashes and traditions shapes ethical thought processes; the need to establish common agreement on what is acceptable behavior within the confines of our laws is clearly visible so our society can be prolific for years to come.

Davies, J. (2009). Laws and ethics: unrelated. Strike the root. Retrieved November 26, 2009, from http://www.strike-the-root.com/91/davies/davies3.html

Ethics Scoreboard. (2004). The difference between law and ethics. Retrieved November 26, 2009, from http://www.ethicsscoreboard.com/list/romeri.html

Halbert, T, & Ingulli, E. (2009). Laws & Ethics in the Business Environments (5th ed). Mason: South-Western Cengage Learning