Established laws are also implemented to safeguard citizens from harm, possible inequities and illegal behavior. Laws are also associated with a series of consequences for the individual and parties involved and on the flip side justice. Laws in essence make matters fair. Laws play an important role in maintaining and sustaining order in society and establish regulations in business. Although citizens must by law follow the law does not necessarily mean that the citizen’s belief system supports the legal system.
Ethics are defined as an internal duty (Tunick, 1992). Because laws are defined by social reasoning through individualist ethics and ethics are influence through individualism, personal reason becomes a part of both the law and ethic and the duty becomes both internal and external. Counseling decision-making is determined by both personal and social reasoning of the law and ethics. Understanding both the legal system and the code of ethics in relationship to decision-making with the field of counseling
Meta ethics tries to make sense of the terms and concepts used in ethical theories such as Utilitarianism and Natural Law. Some people believe that ethical language is extremely meaningful as they argue it is essential to be able to define terms such as “good” and “bad” before we can even begin to discuss ethical theories. However others disagree with this and argue that moral statements are subjective so are meaningless, as they cannot be described as either true or false. Those who hold cognitive theories about ethical language would argue that ethical statements are not meaningless as they are about facts, and can therefore be proved true or false. Ethical Naturalism is a cognitive theory of meta ethics which holds the belief that
People would want their interests to be protected by law, through various sets of rules. In this case interests can be referred to as a person’s rights. Therefore the law is there to protect a person’s rights by imposing a corresponding duty on the other party so that they are bound in law not to interfere with those rights. Interests and rights are not always easy to define so inevitably, the interests of an individual and those of the majority may sometimes become conflicted. Rudolf von Jhering, a German jurist recognised law as a means of ordering society in a situation where there are many competing interests, not all economic.
Morals concern what is right and wrong. Right and wrong usually vary depending on what is normal in a specific culture or society. Many people would agree that what is “right” is moral, but it is James Rachels that explores what makes something right. Rachels argues that it is the cultural normality’s of a society itself, that makes an action morally right, while others would disagree and claim that there is a set of “universal moral codes” that people should live by. In different societies and cultures what is morally right and wrong can be determined only within the individual mind of a person.
Ethics gain from personal experience. Ethics are derived from values. Values help individuals to choose ethically. Therefore, ethics provides the structure for conduct. Ethical issues vary from legal issues because ethical issues are individualistic and legal issues are embodied in a system that governs society.
They also give us rights. They are established by people in authority who use them to govern and to maintain order, justice, and the common good, and for those who do not follow the laws of the society there are sanctions (usually used as a punishment). Personally I don’t have faith in Colombian law but I don’t mean that we couldn’t believe in it. We as patriotic citizens have the duty to defend and make the law be applied correctly. There are many facts that don’t allow them get upheld.
Alexander Hamilton thought that the judiciary review was the important factor of the checks and balance system and necessary citadel for protecting the public justice. He thinks the general liberty is the most important thing when considering the constitutional framework. Hamilton disagrees with the legislative branch exceeding its power as despotism but accepts the power of jurisdiction as a way to protect people, which is the more important. However, for Chief Justice Marshall, the judicial review was not a way to protect the people. It was a tool for political movements and to gain authority of the judicial branch.
Although the law regarding the family members is generally reflective on the moral and ethical standards of Australia and provide just outcomes for society, the legal system also operates on individual relationships and just outcomes for individuals, thereby creating ineffectiveness in dealing with individual cases. In order to secure a just outcome for individuals and society, the legal system needs to operate as efficiently as possible; the law needs to remain reflective of society’s moral and ethical expectations, the law must be enforceable and the law must endeavour to balance the rights and values of society against those of the individual in order to provide justice for all. However, the legal system cannot cater for all individuals
The state never the less has a role to play in upholding the core values & morals of a society. A Liberal approach to the criminal justice system argues that the state is not neutral, but reflects the diverse & competing interests that are evident within the community. The state & it’s institutions will respond to the pressure generated by different groups. The role of the state is to deal with the social problems as they arise, & to ensure the regulation of social competition & conflict.There is a developmental role for the state in providing for the basic welfare & educational opportunities of it’s