Examples of Legal and Ethical Conduct

Legal behavior refers to actions and decisions that conform to the general laws or regulations prescribed by the government, while ethical conduct aligns with a person’s beliefs and values. Thus, the former delineates the minimum threshold of demeanor expected of everyone for the maintenance of social order, whereas the latter prescribes a normative standard that guides how an individual ought to handle any given situation (Breckenridge, 2021). For example, complying with licensing requirements is a legal issue, although practicing without the requisite approval would be both unlawful and unethical, for passing off and dishonesty. The debate over physician-assisted suicide presents the best illustration of legal and ethical behavior. If permitted, any doctor who engages in such acts would be in legal conformity. However, if one has moral or religious beliefs that are averse to killing, refusing to euthanize a patient qualifies as ethical behavior that may violate the legal stipulation. Conversely, in jurisdictions that have banned mercy killing, such refusal would qualify as lawful conduct. Thus, there is an intricate connection between legal and ethical conduct.

Legal and ethical behavior can be similar in instances and to the extent where the moral, religious, social, or communal values that inform ethics are incorporated into the law. In healthcare management, the best illustration relates to maintaining patient confidentiality. Both laws and codes of ethics proscribe the divulgence of any patient information to any unauthorized third party. Similarly, obtaining informed consent from a patient poses both legal and ethical repercussions. However, the distinction between legal and ethical behavior manifests in many ways. Spîrchez (2016) enumerates differences in their respective goals, sources, repercussions, and their documentation. Legal behavior focuses on maintaining social order, derives from the state or government, is binding, and is usually stipulated in writing. Ethical behavior guides the individual, originates from moral, religious, communal, or social values, is not binding, and is often unwritten.

References

Breckenridge, E. (2021). Law and ethics. In S. Buchbinder, N. Shanks & B. Kite (Eds.), Introduction to healthcare management (4th ed., pp.371-389). Jones & Bartlett Learning.

Spîrchez, G. (2016). The relation between ethics and law. Fiat Iustitia, 1, 189-197.

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