Can you legislate ethical behavior?

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chez323

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This was one of the questions that was on a my ethics final this past week. At the time I really didn't think much of it as it was just one of many I had last week during my finals. My answer dealt with the business aspect of the question as it was a business ethics class. My response dealt with Sarbanes Oxley act and how it applied to businesses(which I won't go into here) and that no matter what laws are passed, it will not stop unethical behavior.

However this morning I had an interesting discussion with my mother-in-law (retired nurse) as I dropped off Christmas gifts for my niece and nephews. She had the news on and they were talking about the school shooting and gun control. She knows I am a gun Enthusiast/2A supporter and asked me how I couldn't now support stricter gun laws/restrictions. I told her that the gun laws aren't the problem as we have plenty of laws. Every time I buy a gun I am thoroughly checked prior to my purchase being approved. She looked confused, so I elaborated on the subject. I asked her if murder was against the law and she said yes. I responded that even though we have laws against it, it still happens. The same is true with illegal drugs, abuse, robbery etc... That we can pass all the laws we want, but that won't change the fact that we can not legislate ethical behavior.

People have an innate sense of what is right and what is wrong, they alone make the decision to do what is right or what is wrong. Regardless of any laws that forbid it. That instead of fixating on making it harder for law abiding citizens (who are not the problem in first place) through new laws. Instead why don't we look into the real problem which to me seems to be untreated mentally ill individuals who are not receiving the care they need.

When I was growing up people who were mentally ill were placed in homes/treatment centers/hospitals (they go by many names) and not left to their own devices. With changes/budget cuts alot of these individuals were now placed back into society with little or no supervision. Now I'm not saying that locking them all is the best way to go, nor the most humane. But there has to be a middle ground that will both allow those with mental health issues to receive the care they need without putting them out on their own to fend for themselves and deal with their demons by themselves.

That's my 2 cents worth and for what its worth my mother-in-law seemed to agree with me.
 
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That we can pass all the laws we want, but that won't change the fact that we can not legislate ethical behavior. People have an innate sense of what is right and what is wrong, they alone make the decision to do what is right or what is wrong.

I do not believe you can legislate ethical behavior. Human behavior is a very complicated matter, but you can see even in a country with such a different culture as Norway, you still have rampage killers. Their nut case took out 78 people, not only does Norway not have a death penality, they let all criminals go after 20 years in prison.

I have no idea what would possess someone to attack children. I don’t think ethics would have helped. Maybe the Mali's were right: an evil tiger spirit enters someone's body and causes them to run Amok http://en.wikipedia.org/wiki/Running_amok

It is as good an explanation as any I have heard from the media.
 
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You can pass all the legislation you want to provide punishments for unethical behavior, but you can't prevent the behavior itself.
 
I haven't posted here in several years. I thought I'd stop back and see what's going on - in light of recent events. I'm still a gun owner, not as active a shooter lately, but I value my freedom even more now than when I was an active poster here before.

To answer the original question: No.

IMO - government is an immoral/unethical institution. How can we ever expect them to legislate morals and ethics? Period.

I know many may disagree, but that's how I see it. We sometimes rationalize: "Well...if we got the right kind of people into office." The way I see it, a system is inherently flawed if it depends upon "getting the right people into office." How's that been working out for us lately? Ain't democracy grand?
 
Sure, legislation can reinforce ethical behavior if the combination of detection and penalty for that behavior are not worth the benefits of the unethical behavior.

Many people exceed the speed limit driving since the rate of detection and penalty is relatively small - if I save an hour on my trip by driving faster, and a speeding ticket is $100, if my time is worth more than $100/hr to me it makes sense.

The problem is that this does not work for two types of people - those who do not calculate the penalties like the rest of society (if they put me in prison, I will just teleport out) and those who are beyond any incentive (my life is pain, and today I will die but before I do the world will know how much pain I bear). The only teeth in laws are the penalties for violating the law - if you believe the penalties either can not effect you, or can not possibly be worse then your future the law and penalty are useless.

Only people with something left to lose worry about penalties, and in the case of mass killers they will generally choose the simplest and most effective means of making their mark. Today that is often done with guns, but if guns are not available that will not deter them. They will just move to the next simpler option, which is not likely to be any less deadly to their victims and may indeed cause more deaths.
 
You can't legislate ethical behavior, because it would than make it moral behavior. Things are morally right or wrong based on the accepted standards of society...laws

Ethical behavior can not be legislated for or against,because there is no absolutes in ethics. Ethical behavior is personal choice after taking the whole into consideration..

Confusing Morals and Ethics is very common, because of how the words are used, but philosophically they are polar opposites
 
You can try but doubtful it will work. America love to get into a " war on __" and it never wins it.

Frankly I get confused between the meaning of ethical and moral myself as pointed out.
 
YES! You CAN legislate moral and ethical behavior!

BUT... it only works 100% on 100% moral, ethical people. I've never met one, possibly because the last one to come along a while back irritated some Israelis so bad, they had him killed by some Italian guys. At least, that's what I heard.

For everyone else it only works so-so, until occasionally it fails miserably.

That said, our glorious president said recently that just because we know new legislation won't solve the problem is no excuse not to try. (Wait ... whut?)
 
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