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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