Law and Codes of Professional Practice Ethics

Law and Codes of Professional Practice Ethics



Law and Codes of Professional Practice Ethics

Introduction

In law or Codes of Professional Practice ethics there are few arguments that do not cross party lines. And the most Kantian-sounding legal decision can involve distinctly unKantian themes(Irvine, 1990). This may be an unwanted liability to purists. It is doubtful, though, that a promising alternative is at hand. A convergence of ethics, laws, and assorted theoretical positions may be the mark of our best efforts in deliberation. This paper discusses the differentiation between the law, ethical theories and codes of professional practice.

Analysis

For determining the relation between law and Codes of Professional Practice ethics is that ethics as a field has developed systems of group-analysis and collective deliberation that typically involve committees. In other instances this deliberation involves court justices, and teams of healthcare workers. To the extent that ethics is what "ethics" does, strict adherence to a system of Kantian individuals, self- legislators in private deliberation would be grossly inadequate (Butts & Rich, 2005). Such problems arise not simply for ethics, but in law as well. To cite another example, the common law makes little or no effort to specify what our individual duties are to each other in a positive sense, that is, in the sense that I have to do something for you (Scally & Donaldson, 1998). Rather, the law is heavily weighted towards rules that tell me what I cannot do, or must avoid doing to you. Ethics, even the Kantian variety, is no different in this regard. My primary duty is to leave you to your own autonomy. This leads to the puzzle of Samaritanism: the extent and the range of ethical, legal, and of course financial obligations that healthcare workers have towards patients and society is anything but clear (Davis et al, 1997).

In some cases the legal obligation conflicts with the ethical obligation. In other cases, the conflict works towards the opposite direction. For people who do not work in healthcare, obligations of any kind are often minimal or non-existent. You may have very little ethical obligation to assist me if I am suffering, and even less of a legal obligation (www.sagepub.co.ukl). How could the two giants of ethical and legal theory, Kant and J. S. Mill, both grapple with this problem of Samaritanism, without offering firm guidance? In part, because the issue may ...