ROLE AND PURPOSE OF LAW AND ETHICS

Role and purpose of law and ethics

Introduction

Law and ethics are very important components of the society. They play a big role in ensuring individuals in the society live in harmony among themselves and the state. Law and ethics are needed in the society as they guide decision making whenever things or values are in conflict.

Ethics greatly influences today and the future while law shapes them.

Law

Pember (2006) says law is any social norm. He adds that it is a normal way of doing something or any organized or ritualized way of settling disputes. From this, we can say law is a systematic way through which human being live in a harmony. It brings peace and order if done right by both the governing body and citizen.

According to the free legal dictionary, the term law is referred to as a body of rules of conduct of binding legal force and effect, prescribed, recognized and enforced by a controlling authority if broken subjects a party to criminal punishment or civil liability. If law does not have an aspect of punishment then it should not be called law as it would not be taken seriously by the people in the society.

According John Austin an English Jurist, law is a rule laid down for the guidance of an intelligent being by an intelligent being having power of him. Plato and Aristotle both Greek philosopher, refers to law as an embodiment of reason, whether in the individual or the community. The oxford student dictionary (2012) defined law as moral principles that control or influences a person’s behavior. From my understanding of these definition, I can say law are rules and regulation made, recognized and accepted by a system to ensure its activities run smoothly.

Younkin W. Edward states that the rule of law requires that people should be governed by accepted rules, rather than by the arbitrary decisions of rulers. These rules should be general and abstract, known and certain and apply equally to all individual. He adds that law ensures judges decides dispute in terms of existing known and general rules and not according to the perceived desirability of particular outcomes. The purpose of the judge is to maintain order, not to attain some specific result or direct society’s resources to particular person or uses.

Ethics

There are many different views and opinion on what ethics is. This is because of the various views of what ethics is meant to be by scholars of different fields.

Ethics comes from the Greek word ‘ethos’ which means ‘way of living’ it is believed ethics is a branch of philosophy that is concerned with human conduct and more specifically the behaviours of individual in the society.

The free Merriam – Webster Dictionary, defines ethics as rules of behavior based on ideas about what is morally good and bad. It further says that ethics is a set of moral principles, a theory or system of moral values.

Baran J.S (2006) states that ethics specifically  refers  to the application for rational thought by media professional when they are deciding of  between two or more competing  moral chores.

Ayn Rand Lexicon explains that ethics is codes of values which guides our choice and action and determine the purpose and course of our lives. As a science, she further says, ethic deals with discovering and defining such code.

Stephen J.A Ward states in his article “Ethics in a Nutshel “Ethic is connected with questions of correct conduct within the society.  I strongly believe ethics in essential in our lives as it acts a road map in determining what is right and wrong. As we were growing up ethics played a key role in taking us learn about responsibility communication skills and team work and society.

      Purpose of law and ethics

Law plays a big role in ensuring there is order in the ways in which the functions of the country run properly by setting out the procedures to be followed that are important for managing and maintaining peace.

      

It set out to protect the rights of the minority that has ever- existed the individuals. This is from capitalism site. It continues, that this kind of laws forms a non contradictory body principled legislation which hold a man innocent until he can be proven guilty according to an objective standard as opposed to plethora of regulation which holds a man guilty until he can somehow prove himself innocent, to the gratification of bureaucrat able to gain a foothold in public office. In a free society it is the action of government and not the action of citizen that are regulated.     

Law set up rules and regulation which everyone must obey and follow. They usually set up standards in each activity that some people may not go beyond by overdoing and others may not be oppressed. Law provides remedies for people whose rights have been infringed.

Law ensures that citizens are taken care of and treated equally and that one is separated on the basis of their religion, gender or financial status. Law makes people look at each other as equal in all aspect of our lives but in reality it is not the case.

Because of law development has been facilitated in known sector of the society like economic, cultural, social and political. When order and peace exist then people of different ethnics group will embrace each other and this will encourage investors and tourist. Co-existence is important and it can only happen if there is good governance.

Law reflects the values and belief in a society and promotes people to do the right thing and follow the law, because it holds people accountable for their choices, Wade Cheeseman. He adds that one of the goals of society is to create equality among the people and law make that possible by giving everyone the some chances and the power of freedom is also created through law.

Law help different nations govern affairs between themselves nations that value same laws tend to work together and assist each other. Because of these laws bonds are created which are tight.

Law also plays the roles of punishing people who have committed crimes. Through these laws wrong doers are rehabilitated.

Law also guides the relationship of people among themselves and people among the government.

Without proper rules and regulation to check the conducts of the people there would be chaos as they will use force to get whatever they want.

It ensures that disputes in the society are solved amicably and in an orderly way. Due to this the society will be peacefully.

It always encourages people to do the right thing as they know there is a consequence for breaking the law.

The common good of the society is promoted by law through respect and responsibility towards oneself and the neighbor. Law promote the goal of the society and help keep people  civil and try to maintain harmony among the people and keep the rate of crime in the society to be less.

Valdemar W. Setzer said “Ethics is not definable, is not implemental, because it is not conscious, it involves not only our thinking, but also our feeling. Not only do we need to know what ethics are, but we also need to want to act upon them. People can have the knowledge of right from wrong, but still have no desire to live and act in an ethical manner.”

The purpose of ethics in our society is important because it is the basic beliefs and standards that make everything go smoothly, stated Halie Boardman. In reality, ethics is involved in all organization and it gives us the choice of doing what we believe is right. Because of code of ethics in most fields or profession sanity prevails. I believe without the code of conducts of journalism, more harm would have been done than good in our society.

Ethics promotes our lives by ensuring the lives of people in the society are influenced positively by the choices they make. This happens through doing the right things.

Ethics helps enhance and maintain our live as it make people in the society considerate by always putting the welfare of others first. For example letting an expectant lady have your seat in an overcrowded bus.

In the society, ethics influences the choices of individuals and this eventually determine their lives and who they become. This happen due to our belief and personality formed through our interpretation of what is wrong and right through ethic our society improves this is because stability encourages businesses and politics. Through these two, investors come in the name of development. When they set up their businesses employment opportunities created.

Ethics reduces fraud as most citizens would be transacting their businesses transparently and this will encourage trust and decrease problems.

Ethics help in structuring the society so that when there is conflict among them then they can resolve then without giving them a reason to be dissatisfied. Through ethics and its principles the society will be able to be organized through it the society will generate wealth and this wealth will enable the society to achieve its goal.

Conclusion

Though law and ethics are to ensure the society is okay and its functions run smoothly. They have their flaws, which range from not letting people in the society express themselves in whatever way they think and believe is okay to being controlled and manipulated by the system. I strongly believe that law and ethic are in existence to make people in the society slaves indirectly to the governing body.

It is important to understand that law and ethic are essential in the society. Most societies have flaws and they usually encourage them.  For law and ethics to prevail, the society must change and for it to change, each and every member of the society must ensure they abide by the laws made and for them to have a different attitude and belief about life and society in general.

      References.

Aroko, B. Karanja, M. & Naliaka, S. (2011, October 2012).What is the Purpose of Law in the Society. Retrieved on October 2013, from www.kenyaplex.com.

Ayn, L.R. Morality. Retrieved on October 2013, from www.anyrandlexicom.com.

Baran, J.B. (2006). Introduction to Mass Communication: Media Literacy and Culture 4^th edition. Boston. M.A: McGraw-Hill

Capitalism Tour concepts magazine. What is the Purpose of Law. Retrieved on 2013, from www.capitalism.org.

Halie B. (2005). What is the Role of Ethics in our Society. Retrieved on October 2013, fromwww.humanistfutah.org.

Makali, D. (2003). Media Law and Practice:The Kenya Jurisprudence. Nairobi: Phoenix oublisher Ltd.

Oxford Students Dictionary(3^rd ed.). (2012). UK: Oxford University Press.

Pember,  R.D & Calvert, C. (2006). Mass Media Law. U.S.A: MC- Graw Hill.

Valdemar, W.S. (n.d). Ethic is not Definable. Retrieved on October 2013, from www. quotationspage.com/quotes/3283.html.