‘Ethical theories are the rules and principles that determine right and wrong for any given situation’ according to Crane and Matten (2004:76). Its contribution is either relativists which is what is right or wrong relying on the moral norms of our society such as, our culture or absolutists which is deciding what is right or wrong regarding the act, for instance, murder. However, absolutists is divided into Consequentialists (Teleological) which consists of Utilitarianism and ethical egoism and the Non-consequential (Deontological) which consists of divine command theories, Kant’s ethics of duty, virtue ethics, justice approach and the rights approach. The contribution to our understanding of ethical problems offered by 3 different ethical theories: Kant’s ethics of duty, the ethics of right and the ethics of justice. Firstly, Kant’s ethics of duty is defined by the German philosopher Immanuel Kant (1724-1804).
Therefore, Lord Devlin based on consensual morality has focused more on the enforcement of morality according to the general concept of society. To understand the relationship between law and morality, Lord Devlin has proposed a set of rules. Firstly, the requirement of general sense of right and wrong in a society which is known as common morality as it is a right-minded value that should be maintained by the law. Secondly, there may be bad laws, bad morals or bad societies due to the reason that the law might not serve the society but destroy it even though it is a valid law and provides profit to some people in the
Such a distinction assists in the determination of the validity of rules without considering subjective morals. According to Hart, primary rules refer to the legal rules which impose duties and obligations on society and which in turn guide our behaviours. Alternatively, secondary rules are those rules which provide a criteria of validity through which the primary rules may be modified, introduced or enforced. According to Hart, a society with only primary rules will face various challenges, but such challenges can be remedied through the following three categories of secondary rules; rules of recognition, rules of change and rules of adjudication. The secondary rules are social rules and are essential to assist with the validity of primary rules.
How one perceives things is different, how one deals with the situation is different because of our different ethics. “In law, a man is guilty when he violates the rights of others. In ethics, he is guilty if he only thinks of doing so... Act that your principle of action might safely be made a law for the whole world.”As somebody who believes in god and with Kant’s ideas, I agree with this quote because Kantian ethics are usually spoken of in terms of duty and doing the right thing, Kant himself thought that what was good was an essential part of ethics. Immanuel Kant is considered the central figure of modern philosophy. He was greatly influenced by Aristotle, David Hume, and Plato.
In our text book, Ethics Theory and Issues, We have read numerous of philosophers that talk about the moral code of humans. This moral code is the bases of what humans should do to happy. Each phosphor has their own reasoning for why certain actions are moral and immoral. One philosopher in particular, John Stuart Mill, who deems an action’s moral worthiness by the happiness it creates. Mill’s theory is broken down into two aspects; act utilitarian’s that believe that each action should have its own review to see if it's moral or not based on the individual situation.
MLK distinguishes the two types of Law by using St Augustine’s theory on Natural Law, stating that a law is considered unjust when it “degrades human personality”. King relates this back to segregation. In other words, a law such as segregation degrades ones dignity and self worth so it is deemed an unjust law. Dworkin believes principles are a set of standards that upholds laws, to ensure justice and fairness is served. This way of thinking seems similar to MLK’s idea of morality being connected with the law
The most prominent formulations of the Categorical Imperative are known as the Formula of Universal Law (CI1), the Humanity Formulation (CI2) and the Kingdom of Ends Formulation (CI3). The general thought of CI1 is to demand that one act only on the basis of maxims that one can will as universal laws. CI2 commands respect for rational agents as ends in themselves. CI3 follows from the first two is, act according to maxims of a universally legislating member of a merely possible kingdom of ends. The Categorical Imperative is considered a strong principle in formal philosophy.
Basically, morality is just a guide on what is wrong and what is right, but ethics are our action towards it. To do good and avoid evil. Ethics is what we must fulfill while living. It is like the two roads given to us which is more like to be morality. We have a freedom to choose between these two roads, but a voice will whisper, our conscience, and will tell and urges us which road to follow that is for the betterment of our welfare.
(Erskine 2013, 43). Hence, it is often criticized for tending to give preference to citizens. Furthermore, Normative IR theory embraces two key forms of ethical reasoning consequentialism and deontology. Consequentialist ethical reasoning is the idea that choices and actions are judged by the resultant effect or condition that arises from the actions (Erskine 2013, 37). Whereas, deontological ethical reasoning is based on the idea that certain actions are immoral in themselves, irrespective of the consequences, effects or conditions that arise from those actions or choices (Erskine
I recognise the need for adapting common law . Burchell states that the benefit of adapting common law, where a legal duty exists, is we use the "appropriate stigma and penalties". Similarly, Snyman states we should use statutory provision above the common law when determining liability. When viewing conduct, that potentially leads to liability, the court first considers it in terms of statues; then in terms in common law and finally from the perspective of the community. The effect is that legislature adapt statues and common law using guidelines set out in the Constitution of the Republic of South Africa; consequently abiding the Bill of Rights which, in essence, protect the moral standards of the community.