Course: UU200 – Ethics and Governance

Name: Wayne Atu Luciano

Id: s11150128

Assignment 3 – Research Essay

Campus: Lautoka

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Question 3: Should adultery be criminalised?

There are various actions that are viewed as unethical which are neither addressed nor
punishable by a court of law or through the legal system. One in particular being adultery,
more commonly known as marital affairs and defined as “a person who voluntarily
participates in sexual intercourse with someone who is not their spouse” (Merriam-Webster,
2020). Two articles of the universal declaration of human rights are used to support the
argument of criminalising adultery as well as two ethical theories of utilitarianism and ethics
of care. The theory of utilitarianism looks at how individual actions should strive to maximise
happiness for the greatest number of people whilst minimising suffering. Two principles of
which are consequentialism which focuses on the end outcome and the cost/benefit analysis
which calculates the overall good and bad consequences the action causes. In addition, the
theory of ethics of care is not based on happiness but rather on social relations to each other.
Two principles of which are genuine care which emphasizes the importance of genuine care
for others especially immediate family and interdependency which stresses how as social
animals each person’s action has an effect on others. Two approaches of governance that will
be discussed in relation to adultery are self governance which focuses on the decisions an
individual makes and national governance which is concerned with governing bodies of a
country. Thus, this essay will argue on why adultery should be an illegal offence using the
universal declaration of human rights, theories of utilitarianism, ethics of care and approaches
of governance whilst citing relevant examples.

The first major reason for the criminalisation of adultery is in relation to the universal
declaration of human rights which is a document in the history of fundamental human rights
that was drafted by representatives from various legal and cultural backgrounds. To begin
with, article 1 of the declaration states that “all human beings are born free and equal in
dignity and rights. They are endowed with reason and conscience and should act towards one
another in a spirit of brotherhood” (UDHR, 1948) and article 5 states that “No one shall be
subjected to torture or to cruel, inhuman or degrading treatment or punishment” (UDHR,
1948). Both articles emphasize how human beings must be considerate of one another as
equals and to treat other people with dignity and respect. A person who voluntarily involves
themselves in adultery and marital infidelity has little regard for the dignity of immediate
family members and is ignorant to the negative repercussions it could have such as violence
and psychological problems. Hence, the act of adultery could be seen as breach of articles 1

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and 5 of the universal declaration of human rights as it puts the spouse and family of
adulterer in a position that is detrimental to their well-being.

The second major reason as to why adultery should be criminalised is in relation to the
ethical theory of utilitarianism. This theory as briefly stated in the introduction holds that the
most ethical choice is the one that will result in the greatest amount of good for the largest
number of people whilst minimising suffering (BBC, 2020). The first principle is the
consequentialism theory which as the theory itself suggests is more concerned with the
consequences of the action rather than the immediate action. For instance, the adulterer in the
heat of the affair may be ignorant to the consequences the act would have on themselves and
family members. The second principle is the cost/benefit analysis which involves taking into
consideration all the possible outcomes of one’s actions and how it would affect other people.
When a person chooses to partake in adultery he/she takes little consideration into how the
act will have an effect on themselves, immediate family members and the community. It
could result in broken homes where a single parent has to take on the financial burdens of the
household as well as raising the children. For example; in 2020 a mother of two in Papua
New Guinea was jailed for twelve years after murdering her husband’s mistress (RNZ, 2020).
The consequence of adultery had not only cost the life of a person but had also left two young
girls without a mother to nurture and provide. Thus, adultery is an issue that would lead to
negative consequences and through the theory of utilitarianism and it’s principles of
consequentiality and cost/benefit analysis it is viewed as unethical.

Moreover, the third major reason for the criminalisation of adultery is in relation to the
ethical theory of ethics of care. This theory as briefly stated in the introduction centres on the
interconnectedness of human beings and is a feminist approach to ethics regarding the value
systems in society and challenging male centric theories (D’Olympio, 2019). The first
principle is genuine care which emphasizes the importance of having genuine concern for
other people in society especially those who are vulnerable such as women and children. The
second principle is interdependency which states that human beings are social animals and
are all connected and dependent on each other. The happiness or sadness of an individual is
not only dependent on the individual itself but is also a result of the people in a person’s
social circle. Spouses affected by adultery often develop low self esteem’s, depression and
have trust issues in future relationships. Olsen et al (2010) examines how spouses depend on
each other for a sense of comfort, security, happiness and affection which is a feeling that
should be mutual and reciprocated. In that sense, children also depend on parents to provide

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needs, wants and especially a sense of security and comfort. Therefore, society needs to
enforce legal implications for those involved in marital affairs as an act of genuine care for
those who have been negatively affected by adultery.

The fourth major reason for the need to criminalise adultery is in relation to two approaches
of governance, namely self governance and national governance which are taught in Unit 4 of
this course (Mishra, 2020). In addition, self governance or self rule is the recognition of the
inherent right to manage personal affairs with the help of a ‘moral compass’. Through self
governance decisions and actions are made based on an individual’s personal principles and
values which focus on a person’s independence. In relation to adultery, it is crucial for
individual’s to see it as something that is morally wrong which is why it should be
criminalised. This makes it clear to individuals that involving one’s self is not only going
against the vows made in marriage which are “for better and for worse” but is also something
that is deemed wrong by moral values. A majority of people in Fiji and the Pacific follow the
religion of Christianity and according to the Bible (Exodus 23:14) states that “thou shalt not
commit adultery”. Hence, the act of adultery itself is seen as something that is wrong from
the approach of self governance as it goes against the values that make up a ‘moral compass’
as well as religious teachings.

Furthermore, the second approach of governance is national governance which relates to

managing the nation as a whole and to establish laws that guide the people. The role of
national governance is to oversee how the country operates and improve quality of
governance (Mishra, 2020). The political parties as well as the justice system have the power
to make to amends existing laws as well as creating new ones. With how detrimental adultery
is to families and society as it should be an issue of interest of local governments to
criminalise the act since the repercussions of it ripple through society. A failure of
governments and legal systems to address the issue of adultery could eventually lead to it
being normalised in society due to the absence of laws and regulations to hold perpetrators
accountable for their actions (Harper, 2017). The existing laws in Fiji in regards to the Family
Law Act of 2003 mostly address post marital dissolution issues like child custody and
maintenance but fail to address root causes such as adultery and its impact on women and
families as reviewed by Narawa-Daurewa (2003). If that is to continue, it would
consequentially result in society that is complacent with unethical practices that is a breeding
ground for domestic violence, psychological distress and broken homes. Thus, there is a need

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for national government bodies to view adultery as a problematic issue and to address it with
new or reformed laws.

To conclude, this essay has highlighted various reasons as to why adultery should be
criminalised using the universal declaration of human rights, four principles from the ethical
theories of utilitarianism and ethics of care as well as two approaches of governance with
relevant examples. It is evident that there is a need for individual’s to be more aware of
other’s wellbeing as well as the need to re-evaluate personal decisions and priorities. It is
crucial to have a good ‘moral compass’ and to not be swayed by temporary feelings which
could result in so much pain, suffering and psychological distress. As a society, there is a
need to criminalise adultery as it goes against ethical principles and to put in place laws and
regulations to hold those who commit it accountable.

(No. of words: 1548)

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 Bibliography

‘Adultery’ 2020, In Merriam-Webster’s Dictionary. Merriam-Webster, Springfield,

Massachusetts, viewed 7 October 2020. Available at: https://www.merriam-
webster.com/dictionary/adultery (Accssed: 6 October 2020).

BBC (2014) Introduction to ethics. Available at:

http://www.bbc.co.uk/ethics/introduction/ (Accessed: 7 October 2020).

D’Olimpio (2019) ‘Ethics Explainer: Ethics of Care’, Ethics.org, 16 May. Available

at: https://ethics.org.au/ethics-explainer-ethics-of-care/ (Accessed: 8 October 2020).

Exodus 20:14, Holy Bible: King James Version (2009) PRINTCORP, pp. 71.

Harper, A. (2017) “Punishing adultery: private violence, public honor, literature, and
the law”, The Haskins Society Journal 28: 2016. Studies in Medieval History, pp. 167-184.
Available at: https://www.jstor.org/stable/10.7722/ (Accessed 7 October 2020).

Mishra, M. (2020) ‘Unit 4: governance and ethics’ UU200: Ethics and governance.
Available at: https://elearn.usp.ac.fj/pluginfile.php/720576/ (Accessed: 8 October 2020).

Narawa-Daurewa, U.Q. (2010) “The family law act of Fiji 2003: a brief review of
some provisions in the act; their impact on the family (with emphasis on women’s access to
justice)”, Master’s thesis, Faculty of Arts and Law of the University of the South Pacific.

Olson, M.M., Russell, C.S., Higgins-Kessler, M. & Miller, R.B. (2002) "Emotional
processes following disclosure of an extramarital affair", Journal of marital and family
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Radio New Zealand (2020) PNG women jailed for killing husband's mistress.
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Southon, E. (2017). “Adultery. in marriage, sex and death: the family and the fall of
the Roman west”, Amsterdam University Press, pp. 112-122. Available at:
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 United Nations (1948) Universal declaration of human rights. Available at:
https://www.un.org/en/universal-declaration-human-rights/ (Accessed 6 October 2020).