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Law and ethics for controlling human conduct


5. Law and  ethics  are considered  to be  the  two  tools  for  controlling human conduct   so as to  make  it  conducive  to civilized social existence
a) Discuss how they achieve this objective
b) Giving examples show how the two differ in their approaches.
    Laws are codified rules and regulations enacted by the legislature. Ethics are considered as societal morals. They are normative norms which dictate behavior in a society. Ethical values are inculcated through primary and secondary socialization. These values are internalized and guide individual behavior. Laws on the other hand are dictates that  prescribe behavior. They are sanctioned  as well as  enforced externally through the  legislative and executive respectively.
     Both law and ethics try to guide human conduct in such a manner so as to be beneficial to the individual as well as society at large. Civilized social existence is possible only in a society where humans can depend  on one  another. Such as existence is only possible is individuals exhibit   a predictable and rational behavior. Ethics use  social influence to seek  this type  of  behavior. Laws use  the power  of the  state (or government) along  with the  threat to  punishment to  regulate behavior. Ethics can preach  to individuals in a society  that it is  morally wrong to get  dowry .Society  would  have only limited  ability  to enforce  this norm. The  ultimate decision would  depend  upon the individual whether  he shall adhere to it or  not depending upon how much influence the society has over  the individual.
    However, a  law  such as  Dowry  Prohibition Act, 1961 clearly lays down the  contours of  Dowry and  prescribes punitive  measures  that  such an Act  would  entail. Now,  the behavior  of the  individuals  would depend  upon  his cost-benefit  analysis if he would be caught. What would  be the  punishment, would it  be enforced  and so on. Thus  laws  have  more  predictability  and  can prescribe more  clearly  what  behavior  an individual has to  exhibit . Mostly, laws are in synchronity  with ethics. Thus  ethics  internally  and laws  externally  guide  and control human conduct  so as to make  civilized  social existence possible.

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