Michael Josephson Commentary
Josephson Institute  >  Commentary  >  The Peculiar Concept of Ethics Laws 580.2

The Peculiar Concept of Ethics Laws 580.2

Cynicism about the ethics of elected officials may be at an all-time high, continually fueled by new stories of outright corruption or bad judgment. At every level of government there are politicians who can’t seem to recognize or resist conflicts of interest, inappropriate gifts, improper use of the power or property entrusted to them, or shameful private conduct.

It’s no surprise that the media are continually shining light on real and perceived improprieties and putting the heat on federal, state, and city legislatures to pass new and tougher ethics laws to restore public trust.

The phrase “ethics laws” is peculiar because it marries two different concepts. Ethics refers to standards of right and wrong and how a person should behave according to moral principles such as honesty, fairness, responsibility, and respect. Living ethically is a matter of conscience. Unethical conduct results in shame and perhaps criticism, scandal, or disgrace.

While ethics is about should, laws are about must. They prohibit or mandate specific conduct. Obeying the law is a matter of compliance, and illegal conduct can result in fines and imprisonment.

Ethics laws meld those two concepts. They require conduct (such as open meetings and disclosure of financial interests) and forbid transactions that could compromise the integrity of government. Because of a high tendency of those regulated to evade the spirit and purpose of such laws, statutes have become more complex and technical.

Historically, legislative bodies have been reactive rather than proactive, doing only what they absolutely must. Thus, existing laws are often a hodgepodge of regulations designed to prevent reoccurrence of specific past improprieties. That’s a big part of the problem.

What we need is nonpartisan statesmanship and visionary leadership willing to face the fact that relying on elected officials’ judgment is a failed strategy. Doing so guarantees a continual flow of scandals that discredits their institutions and the enterprise of democratic government itself.

While I wish more emphasis was placed on character rather than compliance, the reality is that voters don’t consistently demand scrupulous integrity as evidenced by the re-election of people stained by scandal.

It’s often said that you can’t legislate morality. This is true. But we can require moral conduct. Ethics laws don’t make people ethical, but they deter unethical conduct. And that’s an important first step.

This is Michael Josephson reminding you that character counts.

Comments

While it is true that ethics cannot be legislated, there does appear to be a need to legislate ethical behavior. There is a saying "power corrupts." While I do not completely subscribe to this belief, there is a tendency for power to attract people who are more easily corrupted, therefore until we learn to attract uncorruptible persons to positions of power, we must be vigilant for behavior on the part of not only public servants but corporate leaders and others to whom we give power and authority that is not in the best interests of the public.

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