Essay 2 Law vs. Ethics
The relationship between law and ethics has been subject to much discussion over time. Is there
a common standard? Is one "stricter" than the other? In a well-written, cohesive essay, explore
the relationship of law and ethics. As you do so, identify and discuss specific examples to
illustrate each of the following:
 Law and ethics overlap in purpose and/or form (i.e., the law tends to enforce ethical standards
or is parallel to societal ethics)
 Law is ethically neutral (i.e., law has no ethical purpose or content)
 Because law is developed through compromise, the law may actually be unethical (i.e. the
purpose or effect of the law may be unethical)
To explore the relationship between law and ethics, I have provided a commonly used
definition for both. Merriam Webster defines law as a binding custom or practice of a
community: a rule of conduct or action prescribed or formally recognized as binding or
enforced by a controlling authority and the whole body of such customs, practices, or rules.
Ethics is defined as the discipline dealing with what is good and bad and with moral duty and
obligation or a set of moral principles: a theory or system of moral values. Both are built as a
system, one a system of rules and other as system of values. In ancient times, man depicted
the internal battle between their own ethical standard and how to provide discipline to those
who did not follow this standard. Law has a basis in the ethical or moral standard of society.
Law and ethics cannot help but overlap, but if the circle of events is reviewed the reason behind
this assumption is logically based on the information. Most ethical concerns can trace
themselves back to some religious standard. These ethical or moral dilemmas typically create a
doctrine of laws or rules that should be followed. These rules become the standard for all and
from these rules laws are formed. These laws are separated from religion because they are no
longer a moral doctrine that must be adhered to, but the standard that society expects every
person participating in that society should pursue. A common example of this are the Ten
Commandments and the specific commandment, thou shall not steal. This is a simple
statement from most religions but in this context we are speaking directly about the Roman
Catholic Church. The Roman Catholic Church, also known as the King’s religion helped form
common law. Our judicial system is based on common law so therefore our laws against
stealing could be traced back to the 7th Roman Catholic version of the Ten Commandments.
Law cannot be ethically neutral because law is defined as a “rule of conduct“by most. The
strongest example I can think to present for this argument is the current debate against or for
gay marriage. The US constitution does not address this topic. This is a state law. The
arguments regarding laws about this subject in general are based on a religious statement from
a book that not everyone in the United States believes in or uses. Because this book dictates
the ethical standard for the people who use this book, and this ethical standard is the basis for
any law regarding marriage, the most obvious conclusion is that the law is not ethically neutral
and therefore law as whole cannot be defined as such.
Law is often based on compromise. Ethics, as defined above are based on the moral principles
of a society. As society changes, morals change and so do ethics. As ethics change, laws
change. Laws that may seem fair to one group could have the exact opposite effect on the
other group. An example of a law that some may consider legal and unethical is abortion. The
right for women to control what happens to their body, to some completely contradicts the
ethical considerations some may have for what is considered taking a life.