When Law Ignores Ethics

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Legal certainty becomes a weapon to attack ethics which are considered abstract and weak in enforcement.

Please note that this article was automatically translated using Microsoft Azure AI, Open AI, and Google Translation AI. We cannot ensure that the entire content is translated accurately. If you spot any errors or inconsistencies, contact us at, said sarcastically, but very shrewdly: “Laws are nothing but the interests of the powerful.”

The problem is that laws can easily be changed according to the wishes of those who make them, while ethics cannot be changed so easily and must consider a sense of justice, respect for human dignity, honesty, solidarity, tolerance, customs, and cultural context. The weakness of ethics lies in its enforcement, as it relies only on social sanctions, conscience, and religion. However, religion cannot force compliance.

Politics cannot be separated from the intervention of forces in history: political parties, the military, the student movement, or the labor movement. The root of the problem with all of these procedures lies in the judgments behind the reasoning that are often undisclosed or unconscious. Yet, personal judgments that precede legal decisions or judgments made before the reasoning process often have more influence.

Thinkers like Thomas Aquinas emphasize that"positive law essentially regulates living together to the extent that it is based on correct or straight reason , but if it deviates from clear reason, the law is considered unjust, so the nature of the law is no longer to create order, but rather to become the basis for violence . In this pattern of relationship, the law considers ethics as an ideal but abstract value, so its demands are considered to weaken the certainty of the law.

The implications offer two choices: first, a continuous reformist approach, which means ethical values are manifested in concrete life, despite skepticism about its success; second, through a puritanical revolution . There is a moral will that believes the enforcement of ethical values can be done by forcing all members of society.

 

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