Comparative Ethics

Ethics and Freedom

Ø Freedom is the desire for man to have control over himself and over his affairs

Ø Ethics recognizes man’s freedom in as much as such freedom does not contradict the routines and duties of the official codes

Ø The promotion of fundamental freedom and rights of man is the foundation of ethics. These rights are those which are not inimical to either the organization or fellow men

Ø On this note, ethics does not contradict certain basic rights of man which are irreducible and of universal application according to the UN Human Rights Principles. These are right to life, ownership of property, freedom of worship, association, etc

Ø However, these rights and freedom are restricted within certain conditions, codes and legal principles

Ethics and Justice

Ø Justice is the right administration or application of law (ethics)

Ø The conceptual understanding of justice is peculiar to individuals. What justice means to the employer is not what it means to the employee. What it means to an accused/defendant is not what it means to the prosecutor.

Ø So, the measure of justice or the means through which it is administered determines it’s nature. Justice can be divided into: formal and substantive

Ø Formal justice has to do with strict application of ethical standards. It doesn’t give room for alternative considerations or examination of facts. The proponents of formal justice claim it is impartial and clear for everyone to understand.

Ø So, formal justice exists in as much as it’s founding principles are extant. Until a law or ethical principle is repealed, formal justice shall continue to exist

Ø Substantive justice applies to a situation where extra judicial or legal alternatives are explored in the interpretation of the law.

Ø Here, justice is secured based on the doctrine of equity or what lawyers call judicial activism.

Ø Justices secured or established through this means becomes itself a law known as case laws.

Ø Scholars have criticized substantive justice because it gives room for undue interference of biases and sentiments

Ethics and Law

Law is a set of rules and regulations that guide the activities of a given people

Law is cohesive which means it is binding on the people that made it. You cannot be a member of a state and refuse to follow the laws of the state

Law is a product of consensus. This means that people make laws for themselves. Ethics is not so because, organizations create ethical principles for the workers. They don’t have any input to make in such ethical standards. They only work according to it and obey its tenets

Formal ethics is written. There is no unwritten formal ethics. It must be contained in official documents, white papers, etc.