A relationship exists between law and ethics. In some instances, law and ethics overlap and what is perceived as unethical is also illegal. In other situations, they do not overlap. In some cases, what is perceived as unethical is still legal, and in others, what is illegal is perceived as ethical. A behavior may be perceived as ethical to one person or group but might not be perceived as ethical by another. Further complicating this dichotomy of behavior, laws may have been legislated, effectively stating the government’s position, and presumably the majority opinion, on the behavior. As a result, in today’s diverse business environment, one must consider that law and ethics are not necessarily the same thing.
(Ethics: An Overview; Legal Information Institute; Online; Available at http://www.law.cornell.edu/topics/ethics; 1999)
Law can be defined as a consistent set of universal rules that are widely published, generally accepted, and usually enforced. These rules describe the ways in which people are required to act in their relationships with others in a society. They are requirements to act in a given way, not just expectations or suggestions to act in that way. Since the government establishes law, the government can use police powers to enforce laws. The following chart defines the terms in the definition of law above.
• Consistent – If two requirements contradict each other, both cannot be termed a law, because people cannot obey both.
• Universal – The requirements must be applicable to every one with similar characteristics facing the same set of circumstances.
• Published – The requirements have to be published, in written form, so that they are accessible to everyone within the society.
• Accepted – The requirements have to be generally obeyed.
• Enforced – Members of society must be compelled to obey the law if they do not choose to do so voluntarily.
Ethics usually fall into three categories – professional, social and individual. An employer or company usually defines professional ethics and employees are required to follow them. The general principles underlying most of the ethical dilemmas you will confront in your career are addressed in the professional code of ethics defined by the company. Professional codes of ethics may not provide detailed guidance in all possible situations. You must have an inner sense of what is moral to be able to apply ethics in specific situations. This is where social and individual ethics play an important role. Social ethics are usually defined by society or a group and the primary values existing in that group. Individual ethics are usually defined by personal heritage and integral family values.
Many professional organizations have developed codes of ethics, which have been widely adopted as the basic code for many companies and universities. While the professional codes of ethics have slight differences in emphasis, they are in agreement on general principles.
It is important to note that not only professional organizations have Code of Ethics. Many higher institutions of learning also maintain a code of ethics. Usually, one of the sections deals specifically to plagiarism of Intellectual Property at the college or university. (http://cil.usu.edu/htm/et/law-ethics/).
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