The Role of Ethics and Morality in Law and Legislation

by Dela Vega, Aira Kirsten R., PHILO 13, Section H9

Submitted in partial fulfillment of the requirements for

Philosophy 13 of the Loyola Schools, Ateneo de Manila University
 In Man’s pursuit of living a peaceful and orderly life, they discovered that they
must gather into communities, which eventually evolved into societies. As we
continue being social with people to fulfill our different needs, we began to build a
better idea of the things that benefit and endanger us–in other words, a sense of
right and wrong. Eventually, individuals began building sets of inherent rules which
guide them in their day-to-day actions and interactions which is now commonly
referred to as ethics which then serve as the foundation of legislation and the laws
that we have and abide by today.

Approaching morality, ethics, and law on a gradually increasing scale, morality

serves as the basic foundation of both ethics and law. Morality is a complex and
multifaceted concept that has been explored from various perspectives by
philosophers, psychologists, and social scientists. It refers to the principles or rules
that guide behavior and inform individuals about how they should behave in different
situations while distinguishing right from wrong, good from bad, and just from unjust
(Boston et. al., 2010). The concept of morality significantly contributes to the
individuality and autonomy of a person in the sense that each individual’s innate
sense of morality and judgment differs from one person to another. In a descriptive
sense, there is no one definitive meaning of what morality actually is but from what is
gathered, morality is described to be ubiquitous. It is widely believed that morality
has judgment and authority over our lives and that it is a set of normative reasons
that dictate how we should think, act, and feel in certain situations (Luco 2014).
According to Sunar (2018), the differences in moral sense stem from several
different reasons such as individual differences that emanate from gender, culture,
religion, and other social and cultural factors that may shape the way a person's
perception of what is right and wrong. Due to the variations and nuances of the
perception of morality to different people, there is a need to consolidate these sets of
values which leads us to the role that ethics plays in the amalgamation of these
principles.

Ethics is a set of unwritten guidelines that reconcile the differences between

each person’s sense of morality. At its core, ethics is concerned with the fundamental
principles that guide human behavior and decision-making. It is the practical
application of moral principles in various contexts. Although ethics in a broad sense,
is often interchangeable with morality, they are essentially different in the sense that
ethics refers to the theory of morality that aims to encompass moral principles into a
systematic framework that is more concerned with principles, general judgments,
and norms rather than subjective personal judgments and values. (Bartneck et. al.,
2023). The role of ethics is to consolidate the difference in personal values that
people may have due to morality being heavily based on numerous factors and
circumstances. However, despite ethics being considered guidelines that people
should abide by, it is not imposed by any kind of authority as it is innate. This brings
us to the role that ethics play in Law and Legislation.

The interplay between the relationship of the three concepts is, as mentioned,
scalar in the sense that one becomes the foundation of the other. Just as how
morality serves as the foundation of ethical principles, the latter serves as the
essence of Law – especially in the area of legislation and policy-making. The role of
ethics is significant in the creation and upholding of the laws that we have today.
Adhering to ethics and being moral allows one to comply with the law, and
possessing morality enables one to be ethical. However, it is impossible to possess
all three attributes simultaneously.

Morality pertains to personal and private interactions, whereas ethics pertains

to professional interactions, and law pertains to regulating society as a whole, often
addressing interactions between strangers. Individuals may discuss their personal
ethics or set of morals, while everyone in society is subject to the same set of laws.
In cases where the law conflicts with personal values or a moral system, individuals
must be able to distinguish between them in order to take action. Ethics and morals
both deal with determining right and wrong behavior, although they have distinct
meanings. Returning back, ethics refers to more of the external rules, such as codes
of conduct in workplaces or religious principles while morals depict the individual's
own principles regarding what is considered right and wrong.

In relation to law, law and morality differ in the sense that the law demands
absolute compliance with its rules and commands and that it derives its enforcing
authority from the state. It is heteronymous, meaning it is imposed on individuals
externally and regulates their interactions with others and society as a whole.
 On the other hand, morality requires individuals to act out of a sense of ethical
obligation and does not have enforcement power from the state. It is autonomous,
originating from an individual's inner life, and governs their inner thoughts and
actions. For example, in a hypothetical situation where a promissory note is no
longer legally enforceable, the debtor's duty becomes a moral obligation, which
cannot be enforced in a court of law but is accompanied by a corresponding right
(Perez 2023). There is no organization to enforce moral principles, and they cannot
be changed by legislation. However, Moral disputes can usually be resolved through
mediation by the people in the community. Morality applies universally to all human
actions, but its application varies depending on the individual, religion, and society
and it is up to each person's discretion whether to adhere to moral principles. In
some cases, there are instances where moral principles can also become the basis
for the creation of laws and policies.

As for the relationship between ethics and law, Ethics are principles of
behavior, while laws are regulations created by governments to maintain equilibrium
in society and safeguard its citizens. Ethics are derived from individuals'
understanding of right and wrong, while laws are enforced by the government. Ethics
are moral codes that must be adhered to by every person, whereas laws are the
codification of ethics that aim to govern society. Ethics do not carry any penalty for
violation, while laws impose punishment on those who infringe on them. Ethics stem
from a person's moral values, and laws are developed with ethical considerations in
mind. In today's society, it is difficult to maintain ethical behavior, follow the law, and
be moral at the same time. Complying with the law can sometimes conflict with an
individual's morality. Being ethical can create the impression of opposition to
someone or something, but it is crucial to choose one's actions wisely based on
personal conviction rather than to please others.

Now that the relationship between each one of the three concepts has been
established, how do they co-exist with respect to public policy and legislation? How
do ethics relate to policymakers and their advisors? Two ethical issues are central to
policy analysis: what is the purpose of policy, and what are the appropriate means
for achieving it? These two issues are closely related because it involves
determining the ends that governments should strive to achieve.. When it comes to
the purpose of public policy, ethical values are essential. However, determining
which values to pursue and what the ultimate end should be is a complex matter that
moral and political philosophers have addressed in various ways over the centuries.
Some argue that the aim of public policy should be to build a better society or pursue
justice, while others advocate for the realization of the common good or divine will.
Utilitarians, such as John Stuart Mill, prioritize maximizing utility, happiness, or
welfare and achieving the greatest good for the greatest number of people (Boston
2010).

Additionally, the appropriate means for achieving policy goals are also ethical
issues that policymakers must consider. Some means may be more effective but
also unethical, while others may be more ethical but less effective. This is a complex
balancing act that requires careful consideration of the ethical implications of various
policy instruments. It is important to note that ethical values are not static and can
change over time. For example, what was considered ethical in the past may not be
considered ethical today, and vice versa. Policymakers and their advisors must
remain open to evolving ethical standards and adapt their policies accordingly. A
common issue with a lot of these approaches is that it treads along the question of
"what constitutes a good policy?". According to Boston (2010), there are two
possible approaches to answering this question. One is a consequentialist approach
and the other one is a deontological approach.

Donaldson and Wehane (n.d.) define consequentialism as an ethical theory

that evaluates the morality of an action solely based on its consequences. In
consequentialism, an action is considered right or wrong based on the outcomes or
consequences it produces, rather than on any inherent moral value or duty. The
authors note that consequentialism can be divided into two types: egoistic and
altruistic. Egoistic consequentialism evaluates the morality of an action based on
how it affects the individual agent, while altruistic consequentialism evaluates the
morality of an action based on how it affects the well-being of others. They also note
that consequentialism can be further subdivided into act consequentialism and rule
consequentialism, depending on whether the evaluation of the action is based on its
specific outcome or its conformity to a moral rule or principle that produces good
consequences in general. Given this definition, in the consequentialist approach of
policy-making, one should assess the goodness or otherwise of a policy based on its
future outcomes. However, the discernment of whether a policy has good or bad
consequences may possibly not even be evident for many years or decades after its
implementation. Moreover, according to Boston (2010), the consequences may
either be positive or negative, and weighing out the possibilities of either are often
highly controversial which is why this approach is often fraught with issues.

Moving forward to the second approach which is the deontological approach,

deontology is defined by Donaldson and Wehane (n.d.) as an ethical theory that
emphasizes the moral duties and obligations of individuals, regardless of the
consequences of their actions. Deontologists believe that certain actions are
inherently right or wrong, regardless of the outcomes they produce. In other words,
the moral rightness or wrongness of an action is determined by its conformity to a
moral rule or principle, rather than by its consequences. They maintain that
individuals have a duty to act in certain ways, such as telling the truth, keeping
promises, and respecting the rights of others, regardless of the potential
consequences of their actions. They also believe that individuals have inherent moral
worth and dignity, which must be respected and protected. Boston (2010) states that
this approach allows policies to be assessed on their consistency with certain agreed
ethical principles. This brings up the question of which specific ethical principles
should be considered if there are conflicting principles, and how one resolves them.
Deontologists not only have differing preferences for ethical principles but also
endorse different decision-making rules to address ethical conflicts. Some prioritize
one principle above all else, while others use maximin or maximax rules, and some
advocate for weighting principles.

Overall, We can see that there is a definite role of ethics and morality in the
process of law and legislation. It is also important to acknowledge that different
ethical frameworks may come into conflict with each other and that policymakers
may need to prioritize certain values over others and that certain ethical principles
can be difficult to apply in practice and may require compromise and trade-offs.
Given this, policymakers should strive for a balanced approach to decision-making
that takes into account multiple ethical perspectives and the practical realities of
implementing policy. The importance of ethical reflection and dialogue in the
policy-making process as well as the need for ongoing evaluation and reassessment
of policy outcomes should be emphasized and held with importance in order to
remain in a just and peaceful society.
Cited Works:

Bartneck, C., Lütge, C., Wagner, A., & Welsh, S. (1970, January 1). What is
ethics? SpringerLink. Retrieved April 29, 2023, from
https://link.springer.com/chapter/10.1007/978-3-030-51110-4_3

Boston, Jonathan, Andrew Bradstock, and David Eng. “Ethics and Public Policy.” In
Public Policy: Why Ethics Matters, edited by Jonathan Boston, Andrew
Bradstock, and David Eng, 1–18. ANU Press, 2010.
http://www.jstor.org/stable/j.ctt24h2rv.5.

Donaldson , Thomas, and Patricia Werhane. “Introduction to Ethical Reasoning,” n.d.

Luco, Andrés. “The Definition of Morality: Threading the Needle.” Social Theory and
Practice 40, no. 3 (2014): 361–87. http://www.jstor.org/stable/24332303.

Perez, Dr. Arturo. “Ethics vs Morals vs Law.” LinkedIn. Accessed April 29, 2023.
https://www.linkedin.com/pulse/ethics-vs-morals-law-dr-arturo-perez.

Sunar, Diane. “‘The Psychology of Morality’ by Diane Sunar -

ScholarWorks@GVSU.” ScholarWorks, 2018.
https://scholarworks.gvsu.edu/orpc/vol2/iss1/6/.