The Peculiar Concept of Ethics Laws 657.3
Cynicism about the ethics of elected officials may be at an all-time high, continually fueled by new stories of corruption and/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.
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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. Illegal conduct can result in fines and imprisonment.
Ethics laws meld both concepts. They require conduct (such as open meetings and disclosure of financial interests) and forbid transactions that could compromise the integrity of government. Because those regulated have a high tendency 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.

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