A set of guidelines presumably governs every society. However, the English language is not new to confusion between two completely different constructs in our current point of concern. Thus, yet again, we have found ourselves in a confusing state wherein we can only see a blurred line of difference between the two constructs of law and ethics.
As a result of this confusion, in this article, we aim to pinpoint the significant differences that exist between the two separate constructs of law and ethics. This is because although the two terms are closely related, they are vastly different, giving us a critical reason to study them.
A Comparison Between Law And Ethics
Parameters | Law | Ethics |
---|---|---|
Construct | In its broadest definition, the word “law” refers to a system of rules and regulations, sometimes in written form, that has been put forth by a group or a particular person to create a society that is fair and just. | Contrarily, the term “construct of ethics” refers to a collection of recommendations made by a genuine person that each genuine person dwelling in a community should abide by to establish a moral society. |
Governed by | A system of statutes and regulations that give the government the authority to preside over such matters allows the Congress or any other ruling party that is in power in that nation, aside from the Supreme Court, to effectively govern the law in the United States of America or any other country under consideration. | On the other hand, the concept of ethics lacks a strong controlling structure. This is so because the ethical construct is controlled by a real guy who genuinely cares about the welfare of the society he lives in. |
Expressed | It is acknowledged that any country’s laws, in particular, must be expressly written down in a particular language and printed in a physical form for the general populace to access easily. This is carried out to guarantee a law-abiding populace. | Nevertheless, compared to having a firm, tangible definition that people can see and touch at all times, the notion of ethics is far more abstract. As a result, whereas laws are visible and tangible, ethics are not. |
Violation | If someone is detected breaking the law, the just and fair law of the nation will require that person to pay for that violation through a fine, a specified time of incarceration, or both, as determined by the court presiding over the case. | If someone breaks a society’s moral code, they won’t be in punishment; instead, the real members of the community will look down on them. Such individuals won’t suffer any legal ramifications, but their conduct won’t be condoned morally or ethically. |
Objective | In addition to offering security to all of society’s members, the major goal that is achieved by a system of legally enforced laws and regulations is to sustain a feeling of peace and social order in the community. | Teaching the general public the proper behavior in terms of how to act in a society, what is good, what is evil, etc., is the main goal that is accomplished by a system of moral ethics. |
Binding | Laws and regulations are obligatory by their very nature. As a result, if they are broken, the offender will be required to pay a period of penalty that may include jail, a fine, or possibly both. | On the other hand, the concept of moral ethics has no inherent force. As they serve as a set of guidelines for the real people in society on what is proper and what is wrong, this implies that they cannot be enforced in a legal sense. |
The Contrast Between Law And Ethics
What exactly is the law?
In the simplest and most general sense, the concept of law can be understood as a set of universally accepted rules and regulations that the government has proposed to address regional, national, and international interests, aside from other fields of administration in a country.
In this context, it is crucial to understand that the concept of laws and regulations is a tool for the government.
This is because the government uses this set of laws and regulations to modify the behavior of the citizens, mainly by imposing various types of penalties and sanctions.To be precise, the theory of living in a law-abiding society is to live in a just and fair society.
Law:
- The construct of law is a set of legally enforceable provisions that favor the land’s interests.
- The construct of law is in a tangible, written form that can be seen and touched.
- The construct of law has the power to be enforced legally.
- The consequences of not following the law result in being imposed prescribed sanctions.
- The construct of law is governed and proposed by the government of that particular country.
What exactly is ethics?
Ethics refers to a universally accepted branch of moral philosophy that establishes a collection of fundamental concepts and principles that an ideal human character follows while living in a just and fair society.
Thus, in the simplest and most general sense, the concept of ethics can be understood as a set of morally accepted codes of ethics that have been created by society in order to act as a set of guidelines regarding what may be referred to as good behavior or bad behavior.
This set of morally accepted codes of ethics, in turn, assists a person in regulating his or her behavior by a just and fair society with a moral sense of living.
Ethics:
- The construct of ethics is a set of moral codes of ethics that moral philosophers recommend regarding how to operate in a just and fair society.
- The construct of ethics is intangible and is an unsaid code of conduct that is recommended to be followed by the people of a country.
- The construct of ethics cannot be enforced since they are simply a rough sketch of guidelines recommended to a country’s citizens.
- There are no particular consequences that an individual will face if he or she violates the moral codes of ethics.
- The construct of ethics is a set of guidelines that has been proposed by the people of a society who have a say regarding how people should function in such a society.
Major Differences Between Law And Ethics
Construct:
- Law: The concept of law, in the most general sense, refers to a set of recognized rules and regulations that are often produced in a written form to avoid confusion in the justice system of a country. It must also be noted that an organization or a specific individual has proposed these laws to establish a fair and just society.
- Ethics: The construct of ethics, in the most general sense, refers to a set of the most basic forms of guidelines that have been proposed by a group of genuine people in a particular society and are recommended to be followed by any genuine person residing in a society to implement a moral code that is mandated by every form of society.
Governed By:
- Law: The law present in the United States of America, or in any other country that is particularly in focus, is essentially governed by the Congress or any other ruling party that is in power in that country, aside from the body of the Supreme Court, through a system of statutes and regulations that gives the power to the government to preside over such issues.
- Ethics: On the other hand, the construct of ethics does not possess a concrete governing body in this regard. This is because the construct of ethics is essentially governed by a genuine man who is concerned about the well-being of the society he resides.
Expressed:
- Law: It is understood by all of us in a general sense that the laws of any country are, in particular, by mandate, expressed and written down in a specific language that is acceptable by the country and is additionally printed in a tangible form for the general population of that country to be able to access easily. This is done to ensure a law-abiding citizenry of the particular country in question.
- Ethics: On the other hand, the construct of ethics refers to a comparatively more abstract concept in its terms than experiencing a solid, concrete definition that people have the ability to see and touch on all occasions, i.e., the concept of laws and regulations that need to be followed in society. Thus, although laws can be seen and touched, ethics cannot.
Violation:
- Law: If an individual is caught violating the law of the land, he or she will be compelled by the just and the fair law of the land to pay for such a violation. Thus, when an individual violates the law, he or she is punished by way of imprisonment for a defined term, a fine, or both, as prescribed by the court of law presiding its ruling or judgment over such an issue.
- Ethics: If an individual is caught violating the moral ethics of society, he or she will not be in trouble but will be looked down upon by genuine members of society. Such groups of people will not have any kind of repercussions that they will need to face legally, but their actions will not be encouraged otherwise in a moral and ethical sense.
Objective:
- Law: The primary objective that is reportedly achieved by way of a set of legally enforceable laws and regulations of a particular country is to maintain a sense of peace and social order in a society, aside from also providing a blanket of legal protection to all the citizens of that particular society.
- Ethics: The primary objective that is achieved by way of a set of moral codes of ethics is to ultimately teach the general public the art of proper conduct regarding how to act in society, what is good, what is terrible, etc. Based on this set of moral codes of ethics, people are recommended to interact with each other daily.
Binding:
- Law: The construct of laws and regulations is reportedly binding in nature. This means that they are legally enforceable, and if violated, the offender will be under a legal obligation to either pay a term of punishment that can amount to imprisonment, a fine, or even both in certain circumstances, depending on what the court of law believes is the best option.
- Ethics: On the other hand, constructing a moral code of ethics is not considered binding in nature. This means that they cannot be enforced in a legal sense since they only act as a set of example guidelines for the genuine person in society regarding what is considered to be right and what is considered to be wrong. If a person violates such ethics, they are discouraged but not sanctioned.
Frequently Asked Questions (FAQs)
Q1. What is the key difference between the two constructs of law and ethics?
The key difference between the two separate concepts of laws and regulations and a set of moral codes of ethics lies in their enforceability factor.
It is reported that the construct of laws and regulations is legally enforceable and backed by sanctions; the construct of a moral code of ethics is simply a set of recommendations given by moral philosophers regarding how to act in a just and fair society.
Q2. Are both the constructs of law and ethics based on moral grounds?
Technically, the concept of law has been derived from the wider concept of ethics, which proposes a set of guidelines regarding how to act in a society.
However, the law construct is not primarily based on moral grounds. Still, it is also used as a tool for the government to defend its national, regional, and international interests.
Q3. What are the consequences of not following the moral codes of ethics?
The set of moral codes of ethics that have been proposed by moral philosophers over the centuries is not legally enforceable, which means that the violation of such ethics does not hold any kind of consequences.
However, if such codes of moral ethics are violated, the individual risks being outcasted in a just and fair society.
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