It`s no coincidence that killing is generally illegal, except in certain circumstances. Everything someone wants to achieve in life is a prerequisite for achieving it. Therefore, anyone who manages to exercise power through the state strives to use that power to protect the lives of those he deems important to achieving his ambitions. Rules and laws exist to protect and promote the functioning of communities. But therein lies one of the many eternal problems of the chicken or the egg: which came first, conformity or ethics? We might be inclined to think that laws stem from moral beliefs about what is right and wrong. But there are many interesting examples that challenge the perception that laws emanate from morality. Bad governments provide other examples. In Nazi Germany, there were all kinds of laws made to deprive the Jewish people of their basic human rights. Aiding or even providing medical treatment to a Jewish citizen if you were a non-Jewish doctor was prohibited by law. But, of course, we would not regard such actions as immoral; Quite the contrary. Here, it would be morally reprehensible to follow the law.
01. I give a person a certain amount of money that is completely legal. Later, I ask him a favor, I`m one step away from being a snail. It`s completely legal, but if someone betrays me, it`s unethical. On the one hand, we have moral injustice (represented by “A”) which is not necessarily a criminal act. For example, adultery is often considered immoral, but few believe that such an act should result in criminal liability. Similarly, it may seem morally questionable not to help a young child who is drowning in a pool, but criminal law generally does not require a person to put themselves in danger, even though most of us believe we should intervene if we can. On the other hand, we have criminal laws that, at first glance, must not involve our collective morality (represented by “B”).
For example, laws that criminalize the waste of big game meat in the fields (AS 16.30.010) or criminal laws that impose prison sentences for driving without a proper licence (RO 28.15.291) are generally not considered moral injustice (with the exception of moral disregard for the law), But they are still criminalized. Finally, there are activities that society generally considers morally reprehensible and that also constitute criminal violations (represented by “C”). These acts include behaviours such as murder, sexual assault and robbery. A significant proportion of criminal laws are also immoral. So what is the relationship between legality and morality, between conformity and ethics? And what does it mean to give someone a passport when they do something that is legal but makes us cringe morally? 05. It`s illegal to rent a car or apartment on your behalf for someone else who wouldn`t otherwise qualify, but it`s an ethical thing if it`s supposed to help them succeed in life. So trying to avoid taxes may not be moral, but there are many legal ways to get away with it – so it`s legal, but immoral. Our own history offers the best and saddest example.
Before the Civil War, slavery was legal in the United States, but certainly not moral. 04. It may be illegal not to perform a contract, but it can be ethical for a number of logical reasons. So, do we tolerate a certain level of immorality in the name of privacy? At some level, we are more willing to “punish” immoral behaviour ourselves than to delegate it to the government. The laws were clear about what had to be done (legally), but compliance with the laws would likely lead to a bad outcome in this case. In the end, we were divided on how to proceed with the case, but this discussion raised a broader question: To what extent exactly should we weigh the law in moral considerations? 05. Abortion is legal in some places, but many consider it unethical. Morality and criminal law often overlap. It is customary to consider a violation of criminal law as an immoral act. However, there is no universal moral code.
As philosophers continue to debate the definition of “morality,” we will focus on a more modest task. Criminal law does not punish all moral injustice. Instead, the relationship between crime and morality is more like a Venn diagram. Laws are written and stated and must be followed for legal purposes. A code of ethics is made up of unwritten moral rules that differ from person to person and culture to culture. I think an important point is that “the law” can be defined as distinct from what is legal. There are laws that say you can`t drive over the speed limit, but the law, as practiced by law enforcement and drivers, must be within 5 or 10 miles of the limit. This is only one of many mysteries about the relationship between the domains of legality and morality, but it indicates a significant source of conflict and confusion. I can say that I do not agree with the person who participated in the discussion on the clinical case and who said that laws are the end of the story. That`s not all. Well, the trivial answer here is the most obvious: because we don`t equate morality with legality.
04. Smoking cigarettes in public is legal in some places, but some find it disrespectful and unethical.
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