Does law dictate what is ethically right or wrong?
Law has always played a vital role in human life when judging our actions, from the Sumerian Code of Ur-Nammu in 2050 BCE[1] to our present-day judicial systems. It is a system of rules put into place by the government that regulates how a society behaves.[2] Since its formation, much of law has centered on what we deem ethically right or wrong. However, does law equate to ethics and ethics to law? In this essay, I will argue that despite law and ethics overlapping in many areas, law does not inherently dictate what is ethically right or wrong.
To begin with, it is important to take into account that everybody’s morals are different. This may be due to one’s personal belief in a religion, or values held by their culture. Ethics itself is the ‘moral principles that govern a person’s behavior.’[3] What one person deems ethically right is what another might deem ethically wrong. For example, whilst some may find they have a moral duty to donate to charity, others feel no such obligation. The question of what is ethically right in this situation is far outside the realm of what law can regulate and control.
Furthermore, the law itself does not provide us with the solution to what is ethically right or wrong. One example that represents this problem is tax avoidance, especially on the part of large corporations. These corporations often exploit loopholes in the law to pay less taxes; and though it may be legal, it is arguably morally corrupt.
Adding on to this, I would argue that some laws go against ethics, especially when taking past legislature into consideration. Prior to 1994, South Africa was operating on the system of Apartheid, with the system only being abolished after much resistance and a new constitution being instated.[4] Nowadays, we have come to recognize that systems like these are deeply unethical, even if they’re legal. Asserting that just because something is legal makes it ethical goes against the very notion of ethics itself.
On the contrary, some argue that the law does indeed dictate ethical rights and wrongs by rendering certain actions illegal and liable for penalties. For instance, essentially all countries criminalize murder and the consequence for committing such an act is severe. Though this may be true, I argue that this is an example of law reflecting the ethics of society. Law is only a subset of ethics with its own function. When lawmakers legislate, they are basing new laws on current and evolving morals, not inventing new morals. Thus, this argument only succeeds in showing the interlinking nature of these two principles.
In conclusion, it is clear to see that law is certainly influenced by ethics. However, ethics are the underlying structure that informs these laws, not the other way around; and it would be impossible to codify all of ethics due to its vast scope and inherent subjectivity. We can only hope to govern society in a fair and just way whilst allowing room for different perspectives.
[1] Wikipedia, “List of ancient legal codes”
[2] Oxford Languages, “Ethics”
[3] Cambridge Dictionary, “Law”
[4] History.com Editors, “Apartheid”
