Monday, June 10, 2019

I Have the Right ... Do I Have a Higher Obligation?




The right to do something does not mean that doing it is right.”

William Safire, American author, columnist, journalist

I often see Americans – people who admittedly have a strong investment in preserving their precious rights – do things that are legal, but that offend others. These people have a strong belief in their individual rights and use this conviction to ignore any obligation to a code of ethics. They love to cite the Constitution and the laws that protect their questionable behaviors and they take pride in living within the law and without respectful moral principles. In other words, they do these things simply because “they can.”

For example, I have seen parents smoke among other adults (and even their younger kids) while standing in the school parking lot waiting to pick up their children after school. They carelessly blow their smoke among the crowd and bristle when someone objects. Then, they usually drop their cigarette butts on school property and leave the trash for someone else to dispose of. I marvel that these folks cannot refrain from smoking for such a short period of time … or do they, as I suspect, do what they do just because they feel “they have the right to do so.”

And, I have seen people proudly display the Confederate flag on their homes and on their vehicles. Many of these people claim to be preserving history and honoring a great American past. While ignoring the direct association with the unspeakable horrors of the system of slavery, they glorify the Lost Cause and incessantly argue that a “battle flag,” although a recognized symbol of the Confederacy, does not ignite continued philosophical, political, cultural, and racial controversy in the United States. Most seem to relish the “rebel” symbol as emblematic of their 21st century persona – a banner certainly legal to display, but highly offensive in its presence to many who view it.

Perhaps the most prominent battlegrounds of legal and ethical issues are social networks. The development of these websites raises a series of questions regarding the users’ ethical behavior and also the moral responsibility of the social network sites administrators. Cyber bullying, hacking, privacy infringements, and personal defamation all pose significant risks. And, of course, many angry Internet users are quick to jump to name calling and other forms of denigration when someone posts something that they don’t like. Many refuse to apply so much as a simple test of proper behavior online – “Would I say this to someone standing right in front of me?”

Many of us have “blind spots” where ethics is concerned. These blind spots are the gaps between who we want to be and the person we are. In other words, most of us want to do the right thing but internal and external pressures get in the way. Laws, as essential to good conduct as they are, never define all tenets of morality. By being moral, we enrich our lives and the lives of those around us.

Ethics is concerned with what is good for individuals and society and is also described as moral philosophy. The term “ethics” is derived from the Greek word ethos which can mean “custom, habit, character or disposition.” Our concepts of ethics are derived from religions, cultures, and philosophies. They cover the dilemmas of how to live a good life, our rights and responsibilities, and moral decisions.
Ethics are based on our values. Values are standards or ideals with which we evaluate actions, people, things, or situations. Beauty, honesty, justice, peace, generosity are all examples of values that many people endorse. In thinking about values it is useful to distinguish them into three kinds: personal values, moral values, and aesthetic values.

Our values help determine our principles of standard behavior. They guide or motivate our attitudes and actions. Generally, we are predisposed to adopt the values with which we are raised. So, we tend to believe that those values are “right” because they are the values of our particular culture.

Ethical decision-making often involves weighing values against each other and choosing which values to elevate. Conflicts can result when people have different values, leading to a clash of preferences and priorities.

Therefore, being ethical requires making a moral judgment, and that’s not always easy. Ethical behavior takes courage and has to be practiced. The ethical choices we make often occur in the public arena. There, we display our personal values.

So, in our daily lives, we face decisions that requires us to ask “What should I do?” If there is a law to guide us, it may seem easy – we probably just follow it. But, what if that decision requires a moral judgment and a choice involving ethics? What happens when our personal, religious and/or moral principles seem to be in conflict with the rights and values of others, or even with larger concepts of compassion and justice?

It is here – in the face of others with their own values – that the right to do something may conflict with the ethics of doing that very thing. Oh yes, liberty and legality may be deeply rooted in our values; however, shouldn't our obligation to others be just as fixed in our principles?

I believe respecting the values of others, promoting the public interest, and strengthening social equality are increasingly important. Too often today people delight in engaging in behaviors that divide society. Many of these folks use controversial means to strengthen their ego or to further their narrow, selfish desires. Their sense of “me” makes them oblivious to the diverse values of “them.” Lost in this equation is the Golden Rule – “Do unto others as you would have them do unto you.” Also sorely lacking is the golden corollary, the Silver Rule, which focuses on restraint and non-harm: “Do nothing to others you would not have done to you.”

In conclusion, many people make the mistake of thinking that following the law equates with being an ethical person. This is known as “ethical legalism.” The belief is flawed. The law does not prohibit many acts that would be widely condemned as unethical such as lying, cheating on one's spouse, or betraying the confidence of a friend. The laws set minimum standards of ethical behavior, and ethical people go beyond the laws in their respect for others.

When the rules are unclear, an ethical person looks beyond his/her own self-interest and evaluates the interests of the stakeholders potentially affected by the action or decision. Two innocent truisms about the law lie behind much of the difficulty we have in understanding the relations between law and morality: The law can be valuable, but it can also be the source of much evil. Using the law for personal advantage at the cost of ignoring the common good is certainly dishonorable and potentially malicious.

The existence of law is one thing; its merit or demerit another.”
 -- John Austin


Postscript

If you are caught in an ethical dilemma, you may use these tests to determine a course of action …

The Legal Test

Is there a law being broken? If yes, the issue is of disobedience with enforceable laws, as opposed to the unenforceable principles of a moral code. If it is legal, there are three more tests to decide whether it is right or wrong.

The Stench Test

Does the course of action have the stench of corruption? This is a test of your instincts and determines the level of morality on a psychological level.

The Front Page Test

How would you feel if your action showed up on the front page of the newspaper the next day? Most people would never do certain things if there was a chance that other people would find out about it. This is a test of your social morals.

The Mom Test

This test involves asking oneself, ‘What would mom think if she knew about this?’ When you put yourself in the shoes of another person (who cares deeply about you), you get a better idea of what you’re doing.

(Sushmitha Hegde. “What Is An Ethical Dilemma?”
www.scienceabc.com/social-science. February, 2019.)




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