Showing posts with label Ethics. Show all posts
Showing posts with label Ethics. Show all posts
However, this doesn't mean that authority doesn't count. In fact, authority does often prescribe laws in many cases, but the laws are only instrumental towards a much larger cause. Thus, we have law-givers such as Solon, Moses, and Manu. However, the validity of the prescriptions are based on a deeper intent. The intent or the spirit of the law is what matters. It also means that where laws fail to serve the intent, they must fade away and give place to the new.
Plato's elaborative study of justice as an ethical virtue in the analogically larger Republic is based on the same understanding that ethics and politics are inseparable. Similarly, his disciple Aristotle didn't see any reason to separate the both. In the Biblical tradition, the entire Mosaic Law was based on the Decalogue or the Ten Commandments, which were the essence of the Law. Jesus pointed out that they all hung on the two Great Commandments: To love God absolutely and to love one's neighbor as oneself. Of course, Paul, later submitted that the Law was only a revealer and a restricter. It revealed human sinfulness and it was meant to restrict the lawless (it was given for the lawless). Jesus pointed out that certain laws (for instance, the law of divorce) were only permissive because of the hardness of human hearts, but didn't reflect the original intent of human creation.
Looking, now, into the Indian Constitution, one asks what is Indian Law based upon ultimately. The Preamble makes the democratic nature of the Republic clear. And, so it is the people's government for sure. But, the moral philosophy is indicated in words like "humanism" and "scientific temper", featured later on under Fundamental Duties. While the temper is scientific, the philosophical ground is humanism and its philosophy of man is condensed in the section called Fundamental Rights. The Law exists to ensure the protection of these fundamental rights of every Indian citizen. Consequently, any law that is inconsistent with these rights is automatically annulled.
The Fundamental Rights are not prescriptions to the people but declarations of humanism. These declarations are prescriptive only to the laws, since the laws are expected to conform to them. Thus, they not only inform but also serve as reference points, as absolute foundation, for the laws. As such, we may refer to them, with regard to humanism, as the intent, or spirit of the laws; perhaps even as the Law of the laws since they serve as the measure of all laws.
But, how do we know that these declarations are true? Perhaps, it is similar to asking about the laws of logic, "How does one know whether they are true?" The answer is: by using them or trying not to use them. One cannot deny them, but then one cannot deny anything without using them. Similarly, one cannot deny the Fundamental Rights without himself losing the rights.
© Domenic Marbaniang, 1999.
India is a democratic country; and by that we mean it is governed by us, its people [“democracy”, from the Greek democratia: demos, people, and kratia, government or rule]. Ethics refers to the study of moral conduct, of “what one ought to do”.
Our nation recognizes the ideals of Justice, liberty, Equality, and Fraternity in its constitution. With the complexity of religious beliefs, its diversities, secularistic views, and the influence of the media ethical decisions are becoming more and more difficult in our society. The film producer defends his stance of overloading his film with sex as right, while a religious or even a secular man opposes it as morally depraving and detrimental to society. The advertisement agencies technically propagate lies deluding people to believe something which is not true. Our nation has found itself in a closet of ethical relativism – subjectivism and conventionalism. Variant religions assume their own moral standards. The Western culture is having a profound influence in our society, especially through the media (TV, Cinema, Song Albums, Novels, Journals, etc.). In such a context of diversity, and complexity, what kind of ethical standard should we, as citizens of democratic India, adopt form making ethical decisions? Following are some options:
1. Ethical Egoism (from the Greek ego, I). It is a consequentialist ethical theory (“the end justifies the means”) which asserts that “right” is what is beneficial in the end to the individual (“to me”). Two of its forms are: Hedonism, according to which pleasure is the ultimate good; and Self-realization, according to which knowledge, power, or rational self-interest, and the promotion of all one’s capacities is the ultimate good. Its method of justification is self-interest.
This theory, of course, poses a number of problems. There is the issue of conflicting interests, the danger of self-benefit at the expense of others; and in a democratic country like ours, it cannot be the ultimate standard of ethical decisions.
2. Utilitarianism: This also is a consequentialist theory that asserts that “right” is what produces the greatest quantity of happiness or pleasure. Its two forms are: Act Utilitarianism, the morality of an action is determined by the quantity of happiness it produces for the most people; Rule Utilitarianism, our actions should be governed by such a rule that produces the greatest happiness for the most people. Its method of justification is empirical evidence.
The problem of this theory mainly consists in the problem of knowledge. How do I know that my action have produced the greatest happiness for the most people? How can I trust the authenticity of the consequences? What about the minority? Is what is happiness to me, or in my sight, happiness to everybody else?
3. Altruism: (from the Italian altrui, “someone else). This is the theory of self-sacrifice, of concern for the welfare of others, and as such is opposed to egoism. It is the attitude of selflessness. It is doubtful if this theory is applicable to the majority: for a person cannot be selfless unless this position and attitude produces in him a greater satisfaction and happiness.
Now, which of the above criteria is applicable in a democratic society? It is my opinion that none of them as a solitude can be applied. A person should consider egoism (not total egoism) for self-development, utilitarianism for society’s benefit and happiness, and altruism that he may not become overly self-interested but will have concern for the welfare of others as well. The blending of these three together will produce an ethical standard applicable in a democratic society; a democratic ethic, which has respect for the ideals, aspirations, and talents of others.
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