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In many of these issues, administrators or faculty often use the law as the
standard for determining policy and action, if it applies.
However, such recourse confuses the role of the law with ethics. The
law provides a mandate which the community has sanctioned as
conforming to its norms or customs. It provides only a minimal
standard for determining what is right or wrong in a particular
situation, since the law has developed in response to societal pressure.
Limits to Legal
Considerations
First, "where the law is silent, anything goes" is a mentality often
taken when the questions of cost win over concerns for human
good and welfare.
Second, law of its very nature is not so much a matter of reason as it
is a product of communal will. Law is a product of the courts and
the legislature rather than a weighing of rational arguments for
correct behavior which considers entitlements and human
relationships.
Third, using the law as bases for ethical judgment assumes concepts
of fairness or justice may be equated with law (Stevens, 1979, pp.
118-222). Such moral legalism falls far short of promoting
universalizable principles which insure the betterment for all.
Limits to Legal
Considerations
Decisions and actions derived from the law are often confined to the letter of the law.
This limitation underscores how ethics goes beyond the law. Ethics is not confined to prescriptive
mandates, but may consider all aspects of a particular moral dilemma. Ethical judgments, based on
rational principles, focus on the good for others. These characteristics point to the professional
orientation of applied ethics.
These needs should be the driving force in developing a comprehensive ethic among our partners
and our students.
Academic Ethics Sources
Four basic sources of ethical principles enable us to make ethical decisions within schools,
colleges, universities, and other educational organizations.
First, educational ethics & academic ethics support professional codes from associations to promote
ethical behavior among teachers and administrators within schools and academe.
The second source of ethical theories, which have historically been the strongest in moral reasoning,
are: (a) the classical ethical theories of virtue, deontology, and consequentialism as well as (b)
contemporary ethical theories of rights and justice.