Standard (ethics)

“ If I say that the legislative authority has bad desires, I mean merely that its desires conflict with those of some section of the community to which I belong. Outside human desires there is no moral standard.
Thus, what distinguishes ethics from science is not any special kind of knowledge, but merely desire. The knowledge required in ethics is exactly like the knowledge elsewhere; what is peculiar is that certain ends are desired, and that right conduct is what conduces to them. ”

“ If so it is a necessary implication that there exists an ideal code of conduct formulating the behavior of the completely adapted man in the completely evolved society. Such a code is that325 here called Absolute Ethics as distinguished from Relative Ethics—a code the injunctions of which are alone to be considered as absolutely right in contrast with those that are relatively right or least wrong; and which, as a system of ideal conduct, is to serve as a standard for our guidance in solving, as well as we can, the problems of real conduct. ”

“ If the reply is that the principle must be taken as a guide for governmental action rather than for individual action, we are at once met by the inquiry, what is to be the guide for individual action? If individual action is not to be regulated solely for the purpose of achieving "the greatest happiness of the greatest number," some other principle of regulation for individual action is required, and "the greatest happiness principle" fails to furnish the needful ethical standard. ”

“ As a consequence, what is looked upon in one age as just and generous, may in another be considered thoroughly unfair. Concrete standards of justice vary with the time and are soon superseded by others. This is an important fact, and it must be mastered before one can use the current standard with honesty or intelligence. ”

“ The different codes of racial or national groups reveal variant ethical standards, but the different codes of professional groups represent rather the deliberate application of a generally accepted social standard to particular spheres of conduct. ”

“ The imposition of some recognized rules of conduct, safeguarding the security of life and property, is as necessary to the community as the existence of a coinage for the negotiation of commercial bargains; in fact it is more so. The two are analogous: the moral code must give effect to that first and universal principle of ethics expressed thus, "Do unto others as you would they should do unto you," which is only another way of saying, "You may expect others to treat you as you intend to treat them in similar circumstances." ”

“ There are many duties that belong to the class of imperfect obligations, which are binding on conscience, but which human laws do not and cannot undertake directly to enforce. But when the aid of a Court of Equity is sought to carry into execution ... a contract, then the principles of ethics have a more extensive sway. ”

“ XV. For the sake of obtaining the clearer idea of the limits between the art of legislation and private ethics, it may now be time to call to mind the distinctions above established with regard to ethics in general. The degree in which private ethics stands in need of the assistance of legislation is different in the three branches of duty above distinguished. Of the rules of moral duty, those which seem to stand least in need of the assistance of legislation are the rules of prudence. ”

“ And so, in any State where it can be said with truth that the average ethical standard for individual conduct is better than the legal standard, the duty of individual resistance to evil law begins to arise. ”

“ During the transitional stages there are necessitated successive compromises between the moral code which asserts the claims of the society versus those of the individual, and the moral code which asserts the claims of the individual versus those of the society. ”

“ When law is used in the sense of the standard of justice, it is said that it “is the standard of conduct which in consequence of the inner impulse that urges men toward a reasonable form of life, emanates from the whole, and is forced upon the individual”; [3] or that it is “the objective co-ordination of possible acts among men, according to an ethical principle which determines them and prevents their interference.” ”

“ It is to be particularly observed, further, that the obligation, thus perceived and then felt, is perceived and felt as due by the moral agent with respect to right and wrong. The ethical quality of rightness belongs to the act or principle of action. The motive, the intention, the conduct of men, is in itself morally right or wrong, good or evil. But the obligation appears as what is owed by the moral agent to what is right. The relation between right and obligation corresponds to that between right and duty. Right is in the conduct; duty is for the responsible person. ”

“ To suppose that the right of property as the extension of personality over things is tenable without regard to its instrumental use, to suppose that bare appropriation of nature as of “treasure trove” is a prerogative of man, is to lend countenance to the false notion of occupation, or first appropriation, which has confused the ethics of the subject in the literature of jurisprudence, and prevented a right understanding of it. ”

“ In any other view it is a maze, a mystery, a hopeless embroilment.
That ethics is involved in society is of course admitted; what is not admitted is, that ethical terms should be settled under the social science in the first place. I may refer to the leading term "law," whose meaning in sociology is remarkably clear; in ethics remarkably the reverse. The confusion deepens when the moral faculty is brought forward. In the eye of the sociologist, nothing could be simpler than the conception of that part of our nature that is appealed to for securing obedience. ”

“ To the extent there was any confusion about applicable government ethics standards or guidance, the Code of Conduct clarifies the ethics standards to which all employees are bound. There will be no exceptions. ”

“ These events epitomized and exaggerated, but at the same time challenged, the code of ethics which regulates much of our daily conduct, and clearly showed that so-called social relations are often resting upon the will of an individual, and are in reality regulated by a code of individual ethics. ”

“ In short, I think that nothing but the rearrangement and condensation of the vast masses of matter contained in our law libraries is required, in order to add to human knowledge what would be practically a new department of the highest and most permanent interest. Law holds in suspension both the logic and the ethics, which are in fact recognised by men of business and men of the world as the standards by which the practice of common life ought to be regulated, and by which men ought to form their opinions in all their most important temporal affairs. ”

“ Where the really ethical sentiment conflicts with the factitious idea and sentiment of obedience to legal authority, the latter may rule at the expense of the former, as, for instance, in the case of a pedler condemned for selling without a license. "His act of selling is morally justifiable, and forbidding him to sell without a license is morally unjustifiable—is an interference with his due liberty which is ethically unwarranted." ”

“ The truth is that, in spite of the sincerity with which it was held that the transactions of business must somehow be amenable to the moral law, the code of practical ethics, in which that claim was expressed, had been forged to meet the conditions of a very different environment from that of commercial England in the seventeenth century. ”

“ Extreme cases in which moral laws may be suspended.—The particular duties, virtues, and laws which society has established and recognized are the expressions of reason and experience declaring the conditions of human well-being. As such they deserve our profoundest respect; our unswerving obedience. Still it is impossible for rules to cover every case. There are legitimate, though very rare, exceptions, even to moral laws and duties. For instance it is a duty to respect the property of others. ”

“ A free act is an act which so proceeds from the will that under the same antecedent conditions it might have not proceeded.
An act may be more or less voluntary, and more or less free.
5. Moral Philosophy is divided into Ethics, Deontology, and Natural Law. Ethics consider human acts in their bearing on human happiness; or, what is the same thing, in their agreement or disagreement with man's rational nature, and their making for or against his last end. Deontology is the study of moral obligation, or the fixing of what logicians call the comprehension of the idea I ought. ”

“ If, then, we take as the principle of ideal justice, so far as this can be practically aimed at in human society, the requital of voluntary services in proportion to their worth, it remains to consider on what principle or principles the comparative worth of different services is to be rationally estimated. ”

“ The legal profession discharges a most important function in a civilized community, and it seems to me that a discussion of the ethics and ideals of that profession would come within the purpose of the Page foundation, which is described by the donor as intended to promote "the ethical side of business life, including the morals and ethics of public service." I shall first ask your attention to the history of the profession, which shows that a paid advocacy is the only practical system, and to the rules of conduct to which lawyers must be held in order that such a system shall promote justice. ”

“ But again, in the complete determination of the mutual claims of members of society to services and forbearances, there are many points on which the utilitarian theory of right private conduct apart from law would lead to a considerable variety of conclusions, from the great difference in the force of the relevant considerations under different circumstances; while at the same time uniformity is either indispensable, to prevent disputes and disappointments, or at least highly desirable, in order to maintain effectively such rules of conduct as are generally—though not universally—expedient. ”

“ Common elements in all codes of rules for conduct are the consciousness of authority, whether that of a God, of a ruler or government, or of conscience, the more or less definite sense of power or coercion on the part of this authority, and the representation of public opinion. These elements, combined in different proportions, result in an idea and a feeling of obligation, forming a body of thought and feeling which may be termed pro-ethical, and which, with the mass of mankind, stands in place of the ethical. ”

“ The moral code, in short, like the legal code, should adapt itself to changing circumstances, keeping the public good always as its motive. If so, we have to consider in what the public good consists. ”

“ A slight extension of custom identifies it with customary morality, the prevailing standard of right conduct, the mores of the time. [20] This is the point of contact between the method of tradition and the method of sociology. They have their roots in the same soil. Each method maintains the interaction between conduct and order, between life and law. Life casts the moulds of conduct, which will some day become fixed as law. Law preserves the moulds, which have taken form and shape from life. ”

“ Without forming any critical theory of the institutions and codes which are forming character, without even considering whether they are what they should be, the individual yet comes at least to a practical recognition that it is in these institutions that he gets his satisfactions, and through these codes that he is protected. ”

“ In holding that actual social relations afford the law of what should be, we must not forget that these actual relations have a negative as well as a positive side, and that the new law must be framed in view of the negatives, the deficiencies, the wrongs, the contradictions, as well as of the positive attainments. A moral law, to sum up, is the principle of action, which, acted upon, will meet the needs of the existing situation as respects the wants, powers, and circumstances of the individuals concerned. ”

“ It is also the main body of our legal systems—a complex mass of prohibitions and preventions. And even in manners and conventions, the things one should not do far outnumber the things one should. A general policy of negation colors our conceptions of ethics and religion. ”

“ In its applicatory judgments, for fixing the ethical law of right in all the varied and complex relations and conditions of human life, it is dependent on all the subordinate faculties for the requisite light. Whatever limitations may rest on its ability, whatever partialness may mark its development, whatever complications may perplex it in adjusting duty to all the actual situations in human life, it yet remains the faculty through which the law of duty is disclosed to view, and if duty is not indicated through it, it is not indicated through any human insight at all. ”

“ This is accomplished by resolutions upon submitted questions which seem to fall into two classes: those which are found contrary to a "Rule of the Profession" and those which are pronounced to be "Undesirable Practices". These rulings (without names or other particulars which might lead to identification) are all reported in the "White Book", an annual book of practice in general use, and constitute a code of ethics and etiquette.
An examination of these rulings shows very few findings upon rudimentary morals ”