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CHAPTER 2: ETHICS, MORALITY, AND LAW

Marl Lechben O. Gaputan, MPA, LPT

Contents:
1. Learning Outcomes
2. Ethics
 Ethical Theories
o Ethics of Care
o Contractualism
o Pragmatic Ethics
o Intuitionism
3. Morality
 Types of Morality
o Descriptive Morality
o Relativistic Morality
o Normative Morality
o Hedonistic Morality
4. Law
 Types of Law
o Divine Law
o Natural Law
o Human Law
5. Similarities of Ethics, Morality, and Law
6. Differences of Ethics, Morality, and Law
7. Activity No. 4, 5, and 6
8. References

Learning Outcomes:
In the process and at the end of the discussion, learners must be
able to:
1. Develop a deeper understanding of ethics and how it
applies to human behavior and decision making.
2. Develop a deeper understanding of morality and how it is
shaped by various factors and influences human behavior
and decision-making.
3. Develop deeper understanding of ethical concepts and
develop their ability to think critically and widening their
learning skills, knowledge, awareness, and ethical and
moral reasoning.
4. Explain the relationship between ethics, morality, and law.
5. Differences and similarities of ethics from morality and law.
6. Reflect on their own values and beliefs.
7. Understand the perspective of others and engage in ethical
discussions and debates.
8. Make informed decisions that consider the well-being and
rights of others.
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“The essence of Ethics is knowing the distinction between

what is right and what is righteous”
-Marl Lechben O. Gaputan

Ethics

As discussed earlier, ethics is a philosophical subject that deals

with moral principles and values. It investigates what is right or
wrong, good or evil, and how we should act in certain situations.
Ethics provides a framework for understanding and assessing the
moral implications of human acts and decisions.

We are continually confronted with ethical issues and questions

in our daily lives. Should we, for example, tell the truth even if it
means hurting someone's feelings? Is it permissible to cheat on a
test in order to earn a higher grade? Should we give money to
charity or save it for ourselves? All of these are ethical issues that
must be carefully considered.

Aside from the type of ethics discussed in the previous chapter,

ethics offers us a variety of ways and theories to help us
navigate these ethical concerns and challenges. To mention a few,
ethical theories include the Ethics of Care, Contractualism,
Pragmatic Ethics, and Intuitionism.

 Ethics of Care emphasizes the value of loving relationships

and the moral obligations that they entail. It implies that
ethical decisions should be founded on compassion,
empathy, and the needs of others, especially the vulnerable
or dependent.

A nurse providing care to an old patient in a nursing home

is an illustration of care ethics. Beyond the technical
components of care, the nurse establishes a trusting
connection with the patient, listens to their concerns,
respects their dignity, includes them in decision-making,
and gives emotional support. The importance of empathy,
compassion, and attentiveness in establishing ethical and
comprehensive care is highlighted by care ethics.

 Contractualism is concerned with the concept of societal

contracts or individual commitments. It implies that ethical
norms and standards are formed from hypothetical
agreements reached by reasonable people under fair and
impartial settings.

A group of friends organizing a vacation together is an

example of contractualism. They talk and negotiate in order
to reach a fair and mutually agreed-upon arrangement.
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They set norms for sharing expenses and making decisions

through implicit social contracts, assuring justice and
respect for everyone's interests. Contractualism
emphasizes the significance of rational agreement as the
foundation for moral obligations and directs their behavior
when on vacation.

 Pragmatic Ethics is concerned with practical solutions to

ethical problems. It highlights the significance of context,
consequences, and pragmatic factors in decision-making.
Pragmatic ethics promotes adaptability and flexibility in
ethical reasoning.

A corporation deciding between two suppliers, one with

immoral behaviors but lower costs and another with ethical
practices but higher costs, is an example of pragmatic
ethics. In this instance, the corporation may decide for the
morally responsible choice, weighing the possible benefits
of improved worker conditions, less environmental impact,
enhanced reputation, and long-term customer loyalty.
When making moral decisions, pragmatic ethics
emphasizes the necessity of optimizing total well-being and
beneficial effects.

 Intuitionism holds that humans have an inbuilt ability to

absorb moral truths or principles instinctively. It implies
that ethical information is self-evident and accessible via
intuition or immediate awareness.

When a person intuitively sees the wrongness of an act,

such as bullying, without relying on other sources or
elaborate reasoning, this is an example of intuitionism. The
role of intrinsic moral intuitions in directing ethical
judgments and decision-making is highlighted by
intuitionism.

These additional theories represent the diversity of ethical

thought and the difficulties of moral decision-making by offering
multiple viewpoints and approaches to ethical reasoning.
Exploring these theories can help you get a deeper grasp of ethics
and a broader toolkit for ethical analysis and decision-making.

It is essential to understand that ethics is not about establishing

hard rules or giving definitive solutions. Instead, it gives us the
tools and frameworks we need to engage in serious, critical
reflection on ethical concerns. We can better grasp the moral
implications of our acts and make informed decisions that line
with our beliefs and principles by using ethical reasoning and
analysis.
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Studying ethics can help you think critically, examine many

points of view, and engage in meaningful discussions about
ethical issues. It can assist you in developing a feeling of personal
and societal responsibility, directing your conduct and decisions
in a way that enhances the well-being and welfare of others.

Morality

Morality is defined as the principles and values that drive human

behavior and determine what is right or wrong, good or bad. It
entails comprehending and making decisions about how
individuals should behave and interact with others in various
settings.

Morality is frequently molded by a mix of cultural, social, and

personal circumstances. It offers individuals with a framework for
navigating ethical issues and making judgments that are
consistent with their ideas and values. Morality assists us in
distinguishing between morally acceptable or praiseworthy
activities and those that are morally wrong or blameworthy.

Morality can be understood from a variety of views, including

religious, philosophical, and cultural perspectives. Religious
traditions, for example, frequently provide moral codes and
recommendations based on the teachings and ideals of a
particular faith. To study and assess moral difficulties,
philosophical approaches may rely on reasoning, critical
thinking, and ethical frameworks.

Moral decisions are usually founded on a set of ethical principles

or norms. Honesty, fairness, compassion, respect for others,
justice, and integrity are some frequently believed moral ideals.
These principles serve as guidelines for judging what is right and
wrong in a variety of situations.

It is critical to recognize that moral decisions are not always

absolute or universally accepted. Moral ideas and ideals may
differ between persons or cultures. This diversity gives rise to
continual conversations and arguments regarding moral
concerns, as well as the necessity for ethical reasoning and
critical thinking in order to make sound moral decisions.

There are various sorts of morality. This chapter will only cover
four categories of morality. Descriptive morality, relativistic
morality, normative morality, and hedonistic morality are
examples of these types of moralities.
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 Descriptive Morality is concerned with the observation and

study of how people behave morally in various
circumstances and cultures. It aims to comprehend and
characterize the variety of moral practices, attitudes, and
conventions without deciding whether they are correct or
incorrect.

A researcher investigating honesty in everyday situations

is an example of descriptive morality, with the goal of
understanding and describing how humans behave when
faced with opportunities for honesty or dishonesty.
Descriptive morality is concerned with describing moral
behavior as it occurs in society, rather than analyzing or
dictating what is morally proper or bad. Its goal is to
provide a neutral knowledge of how people behave morally
in everyday situations.

 Relativistic Morality acknowledges that different

civilizations, societies, or individuals may have distinct
moral standards and values. It implies that what is
ethically right or wrong is subjective and depends on the
social, cultural, and individual contexts. The significance
of comprehending and appreciating other perspectives and
ethical systems is emphasized by relativistic morality.

The different perspectives on honesty between Culture A,

where honesty is highly prized, and Culture B, where white
lies may be tolerated, are examples of relativistic morality.
Relativistic morality acknowledges the impact of cultural
norms and highlights the importance of understanding and
respecting other cultural perspectives. It recognizes that
moral standards vary among cultures without assuming
that all moral opinions are equally valid or invincible.

 Normative morality seeks to prescribe or construct moral

norms, principles, and standards. Its goal is to provide
guidance for how people should act or make moral
decisions based on ethical theories, principles, or virtues.
It assists us in navigating ethical dilemmas and striving for
generally applicable moral standards and principles.

Returning a misplaced wallet to its owner is an example of

normative morality governed by ideals of honesty and
fairness. To analyze and guide moral decision-making,
normative ethics provides theories or frameworks such as
consequentialism, deontology, or virtue ethics.

 Hedonistic morality places a primary focus on maximizing

pleasure and minimizing pain as the basis for moral
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decision-making. It implies that acts should be evaluated

depending on how much joy or satisfaction they produce.
Individual well-being and the pursuit of personal fulfilment
are central to hedonistic morality.

When a person chooses between activities that offer

personal pleasure and activities that contribute to the
happiness of others, this is an example of hedonistic
morality. Hedonistic morality assesses activities on their
ability to increase pleasure while minimizing pain. It
emphasizes the pursuit of pleasure and happiness as the
foundation for moral decision-making.

Individuals who study morality gain a greater knowledge of

ethical principles, engage in careful moral reasoning, and make
informed judgments that take into account the well-being and
rights of others. It also cultivates empathy, compassion, and a
sense of social duty.

Exploring morality encourages people to reflect on their own

values and ideas, understand other people's viewpoints, and
participate in ethical discussions and debates. It lays the
groundwork for personal development, ethical decision-making,
and positively contributing to society.

Law

Three essential conceptions emerge as fundamental frameworks

for comprehending the basis of law in the area of legal and ethical
principles. Divine Law, Natural Law, and Human Law. Each of
these conceptions provides a unique viewpoint on the origin and
authority of laws that control human behavior. While Divine Law
is based on religious beliefs and directives from a higher power,
Natural Law gets its principles from the universe's intrinsic order.
Human Law, on the other hand, is a product of human societies
and is created through legislative processes. Understanding these
three sorts of laws can help you understand the basis and
ramifications of legal systems from many cultures and
civilizations.

 Divine Law, often known as religious law, refers to rules

and laws that are thought to have been ordained by a divine
entity or higher authority. Its origins can be traced back to
religious writings, teachings, and customs. Divine Law
frequently represents a religion's moral and ethical
principles and acts as a guiding framework for believers to
live virtuous lives. Divine Law adherents regard it as the
highest and most authoritative source of legal and moral
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teaching. Violations of Divine Law are frequently thought

to result in spiritual repercussions or divine judgment.
Different theological traditions understand Divine Law
differently, resulting in differences in legal systems across
nations and geographies.

In Christianity, for example, the Ten Commandments are

viewed as enforceable moral requirements. Divine laws are
thought to be unchangeable and globally applicable, and
they give a moral framework based on religious
understanding and divine will. They provide moral advice
and explain what is ethically right and wrong in a religious
context.

 Natural Law holds that some ethical principles and

standards are inherent in the nature of the the universe
and can be determined through reason and observation. It
emphasizes the belief in an objective moral order that
transcends human laws and societal standards. Natural
law theorists contend that these universal laws apply to all
humans, regardless of culture or religious background.
Human laws, according to Natural Law, must be consistent
with these fundamental principles in order to be deemed
just and valid. The inherent dignity and rights of persons,
the pursuit of justice, and the development of common
goods are all key principles linked with Natural Law.
Natural law supporters say that it provides a strong
foundation for reviewing and critiquing human laws,
assuring their compliance with ethical principles.

The principle of "do not kill," which is based on the

awareness of human dignity and the value of life, is an
example of natural law. Natural law principles are
discovered via reason and are not influenced by personal
views or cultural conventions. They cover a broader
spectrum of moral ideas and are thought to be accessible
to all people.

 Human law, also known as positive law or civil law, refers

to the legal systems established by human communities to
govern behavior, preserve order, and promote justice. It is
the outcome of legislative processes and societal consensus
within a specific community or nation. Human law
encompasses many different legal frameworks, including
constitutional, criminal, civil, and administrative laws.
Human Law, unlike Divine Law and Natural Law, is prone
to change throughout time due to society conventions,
cultural upheavals, and growing requirements. It
necessitates the use of institutions such as courts, police,
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and legal authority to enforce it. Human law strives to

balance individual rights with community well-being and
reflects a society's beliefs and ambitions.

The minimum age limit for acquiring a driver's license is an

example of human law. Human laws are created by
legislative bodies, enforced by legal systems, and cover a
wide range of human behaviors. They differ from
jurisdiction to jurisdiction and are subject to change
through legislation or legal proceedings.

Divine Law, Natural Law, and Human Law each provide a unique
viewpoint on the origin, authority, and principles of legal systems.
Divine Law is based on religious beliefs and teachings, whereas
Natural Law holds that ethical principles exist in the cosmos and
can be established via reason. Human Law, on the other hand, is
a creation of human civilizations, designed to govern behavior
and keep the peace. Understanding these three sorts of laws
enables us to appreciate the complexity and diversity of legal
systems around the world. While Divine Law and Natural Law
give fundamental principles, Human Law provides a flexible and
adaptable framework that adapts to the changing needs and
values of society. The interaction of these three ideas forms the
legal landscape and determines how we traverse ethical and
moral issues in our common human experience.

Similarities of Ethics, Morality, and Law

Ethics, morality, and law are all related to how we act and shape
our behaviors in many ways. While they are different from one
another, they do share certain commonalities. Let me explain
each concept and show the similarities between them.

First concept, ethics is the study of moral principles and ideals

that regulate human behavior. It investigates ideas like right and
wrong, good and bad, and virtues and vices. Individual and group
behaviors are the subject of ethics, which tries to provide a
framework for making ethical decisions. It seeks to determine
what is ethically acceptable and unacceptable based on rational
analysis, philosophical theories, and cultural values.

Second concept, morality refers to the concepts, beliefs, and

behavioral norms that individuals or communities regard as right
or unacceptable. It is a set of beliefs and behaviors that help
people make moral decisions and choices. Religious, societal, and
personal variables all have an impact on morality. It covers a wide
range of issues, such as honesty, fairness, justice, compassion,
and respect for others.
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Lastly, the third concept, law is a set of rules and regulations

established by a governing entity (such as a country or state) to
govern the behavior of individuals and maintain social order.
Institutions such as courts and police enforce the law. They are
legally binding and may include penalties or consequences for
failure to comply. Laws frequently reflect society norms and
ethical concepts, although they do not always fully accord with
personal moral ideas.

Similarities Ethics Morality Law

Regulation of behavior Yes Yes Yes
Influence on decision-making Yes Yes Yes
Overlapping principles Yes Yes Yes
Reflect societal values Yes Yes Yes
Consequences for actions Yes Yes Yes

The table shows that the concepts of ethics, morality, and law
aims to manage or regulate human behavior. They provide
guidelines, concepts, or rules that regulate how people should
respond in different situations.

All three concepts have a substantial impact on decision-making

processes. They provide frameworks or considerations for
individuals to employ in determining the correctness or
incorrectness of their acts.

While ethics and morality are broader ideas that include personal
opinions and values, they frequently share principles with the
law. For example, both ethical frameworks and legal systems
encourage ideals such as honesty, justice, and respect for others.

Social values and conventions have an impact on all three ideas.

Cultural, historical, and social forces shape them, and they vary
through time as societies change.

Lastly, actions have consequences according to ethics, morality,

and law. They assess the influence of behavior on individuals and
society as a whole, and in some situations, may impose sanctions
or consequences for morally or legally wrong behaviors.

In conclusion, while ethics and morality are subjective and open

to interpretation, law is a more definite and structured framework
that is enforced by the legal system. Understanding the
similarities and differences can assist individuals in navigating
complex ethical and legal dilemmas in their personal and
professional life.
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Differences of Ethics, Morality, and Law

Aside from the similarities of ethics, morality, and law, these

concepts have distinct scopes, origins, and enforcement.

In scope, ethics is the study of moral principles and ideals that

guide human behavior. It delves into notions like right and wrong,
good and bad, and virtues and vices. Ethics offers individuals
with frameworks for making ethical decisions in a variety of
circumstances. Morality, on the other hand, refers to the
concepts, beliefs, and behavioral norms that individuals or
communities regard as right or bad. It includes a broad variety of
moral judgments and decisions concerning personal behavior,
social interactions, and societal norms. Lastly, law is a set of rules
and regulations established by a governing power to regulate
human behavior and maintain social order. It encompasses a
wide range of topics, including criminal, civil, constitutional, and
administrative law.

In origin, ethics is frequently formed from philosophical and

intellectual investigation. Critical thinking, reasoning, and
analysis are used to construct ethical theories and principles.
Cultural, religious, and personal views can all influence ethical
frameworks. Morality, on the other hand, is deeply influenced by
cultural, religious, and societal norms. It is frequently molded by
the traditions, rituals, and ethical views of a specific society or
group. Morality differs between cultures and individuals. Lastly,
a law is created by legislative bodies or governing authorities
within a specific jurisdiction. They are based on societal values,
public policies, and legal precedents. Laws evolve over time
through legislation and judicial decisions.

Lastly, in enforcement, ethics is not enforced through external

mechanisms or legal systems. It is based on individual judgment,
introspection, and accountability. Ethical behavior is frequently
driven by a sense of moral responsibility and personal integrity.
Morality, on the other hand, is not enforced through a formal
legal system. While moral standards govern individual behavior
and decision-making, they are typically voluntary. Violations of
moral rules may result in societal criticism, guilt, or self-
reflection, but they may not result in legal consequences. Lastly,
law is enforced through a formal legal system, which includes
courts, law enforcement agencies, and other institutions. Law
violations may result in legal consequences such as fines,
imprisonment, or other punishments. The authority and power of
the state are used to enforce laws.

In summary, ethics is the study of moral principles and values,

morality is personal or social ideas about what is good and wrong,
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and law is a formal system of regulations established by authority

to govern action. While ethics and morals are subjective and
hence not legally enforceable, law is a formal system that is
implemented through legal systems and bears legal ramifications
for noncompliance.

Differences Ethics Morality Law

Scope Study of moral Principles and System of
principles and values of rules and
values individuals or regulations
societies established by
regarded as governing
right or wrong bodies
Origin Philosophical Cultural, Legislative
inquiry, religious, and bodies,
intellectual societal norms governing
exploration authorities
Enforcement Not legally Not legally Enforced
enforceable, enforceable, through
personal voluntary formal legal
responsibility adherence system, legal
consequences
for non-
compliance