OTHER DIMENSIONS OF ETHICS IN LAW

When it comes to normative ethics, it is something that sets standards for actions. It is the ought-to-be in social actions as the norm of collectivity expects standards for individual-collective interrelationship in order to avoid accidents from the clash of rights and duties. For example, a normative ethical question could be – ‘How should State teach moral values to citizenry in order to bring the best out of everyone?’ This question cancels the meta ethical question as to what or where is the meaning given to the word ‘moral’ itself, at the first instance.Thus avoidance or inclusion of any normative ethical question in law is largely based on aims and functions attributed to State. State has a possibility to claim legal ideals if Statesociety interactionsare positive or normative to the extent they both accept normative values of ethics.

This normativity gives an ideal situation for State and society. A best example of normative ethical question would be – ‘Should State ban drinking alcohol in order to promote health of the citizenry?’ There is no certainty to the answer as value norms between State and society fixed in their mutual interrelationships decide its outcome. Whereas applied ethics is something that has come to level of application of ethical principles in individual and collective life.

For example, an applied ethical question could be – ‘Should State ban smoking cigarettes in order to promote not only health of smokers who form part of citizenry but also avoid irreparable damage to;

• Environment that is shared by one and all,
• In placing non-smokers at risk because of smokers next to them?’ This applied ethical question cannot be avoided in legal systems as State is common to all social collectives and also environment which a heritage is shared by one and all. All citizens in the society are public trustees of environment. Laws relating to ongoing sustainable development agenda are a glaring example of applied ethics that have come down from mere normative questions in pre-sustainable development era to practical application of regulation to ensure common and collective good of all in the(post) sustainable development era. The only difficulty in applied ethics regime isthat it must get acceptance among the will of the people for their practical applications,as applied ethics regime lands on the shores of applicability far from the horizons of the regimes of normative ethics.

Modelethics and realethics have a close connection in both acceptability and applicability in the two-way mutual interrelationshipbetween State and society. Except that the right and wrong, good and bad, moral and immoral, correct and incorrect becomes a subject matter of real dispute gone before a court of law between their ethical narratives impacting their lives and interests. Let us take one glaring example of Section 35 from the Indian ‘Advocates Act of 1961’,a legislation where punishment for professional misconduct of an advocate is given.

Chapter V of the said aCt that deals with ConduCt of advocates reads the following: seCtion 35. punishment of adVoCates for misConduCt:

• Where onreceipt of a complaint or otherwise a State Bar Council hasreason to believe that any advocate on its roll has been guilty ofprofessional or other misconduct, it shall refer the case fordisposal to its disciplinary committee.
• The disciplinary committee of a State Bar Council shallfix a date for the hearing of the case and shall cause a noticethereof to be given to the advocate concerned and to theAdvocate-General of the State.
• The disciplinary committee of a State Bar Council after givingthe advocate concerned and the Advocate-General an opportunityof being heard, may make any of the following orders, namely:
• Dismiss the complaint or, where the proceedings wereinitiated at the instance of the State Bar Council, direct that theproceedings be filed;
• Reprimand the advocate;
• Suspend the advocate from practice for such period as itmay deem fit;
• emove the name of the advocate from the State roll ofadvocates.
• Where an advocate is suspended from practice under clause(c) of sub-section (3), he shall, during the period of suspension,be debarred from practicing in any court or before any authorityor person in India.
• Where any notice is issued to the Advocate-General undersub-section (2), the Advocate-General may appear before the disciplinary committee of the State Bar Council either in personor through any advocate appearing on his behalf.