Why Can Something Be Legal but Morally Wrong?

The distinction between what is legal and what is morally right or wrong is a complex and often contentious issue. Most laws are primarily designed to maintain social order rather than to directly address societal morality. In certain situations, actions that are morally intolerable may not be deemed illegal if they do not cause overt disruption or disorder. This article explores the reasons behind behaviors that are legal yet morally reprehensible and unethical.

Legal vs. Moral Actions

Some argue that legally enforcing immoral behaviors that do not cause overt harm could be more harmful than the behaviors themselves. For instance, lying, infidelity, gossip, and other common immoral actions are not usually criminalized unless they cause specific harm, such as fraud or defamation. The legal system could be seen as a blunt instrument that might cause more damage if it sought to punish these actions than to simply let them be, as long as they do not break specific laws.

A prime example is the United States' pricing of insulin, where insulin shots are marked up by an astounding 1000%. This practice is legal but raises significant ethical concerns. The high cost of insulin places a considerable burden on those who need it, particularly those from lower-income backgrounds. This raises questions about the ethics of profiting from a life-saving medication, even if the practice is not illegal.

Bribery and Legal Morality

In some cases, legal actions can still be morally or ethically questionable. Bribe-takers in public life, for instance, may provide protection and promotion, but such actions can harm the integrity and public trust in the system. This is especially concerning when whistle-blowers face unwarranted persecution, as the culture of silence and retaliation can undermine the very principles of transparency and accountability.

The Role of Modern Society and the Judicial System

Modern societies have largely established a separation between law and morality, recognizing that laws primarily aim to maintain social order rather than enforce personal morals. This separation is not absolute, however, as religious or cultural values can influence legal codes and enforcement. For example, in some countries, religious laws (such as Shariah law) blend law and morality more closely.

Legal systems, particularly in secular societies, have generally adapted to avoid directly addressing moral issues. However, certain moral implications may lead to the creation of laws, such as those related to healthcare, public health, and safety. The legal system’s inability to directly address all moral issues can leave room for unethical practices to thrive.

Religious and Cultural Perspectives on Law and Morality

Religious and cultural beliefs often blur the lines between law and morality. In some societies, religious doctrines are the legal framework, as seen in countries with strict religious laws. For instance, in theocracies, God is thought to rule all aspects of life, leaving little room for a separation between civil, secular, and religious laws.

Religious perspectives differ on how to balance strict moral codes with a merciful understanding of sin and redemption. Some religious groups are more strict, imposing harsh judgments, while others are more lenient, offering forgiveness and redemption. This dichotomy can lead to internal schisms and divisions within religious communities.

Other-worldly perspectives, seen in movements such as the Jehovah’s Witnesses, seek to live according to spiritual principles rather than secular laws. While these groups recognize the value of legal codes, they often seek to evade certain laws based on religious doctrine. This can create tension between their spiritual beliefs and the practical demands of living in a legal system.

Legality and Ethics in Practice

The law often falls short of addressing all ethical concerns, particularly in business and corporate law. Many corporate practices can be legally justified but may still be morally reprehensible. For instance, businesses may use legal loopholes to evade taxes or engage in environmentally harmful practices under the guise of legality.

The legal system may even inadvertently justify immoral practices, as lawyers work to find legal ways to justify unethical actions. This underscores the need for a more nuanced approach to ethics and morality outside of the legal framework.

In conclusion, while the law is a critical aspect of societal order, it often falls short of addressing all moral concerns. The separation between legality and morality, while necessary, can sometimes enable unethical practices to persist. Understanding this distinction is crucial for fostering a more ethical and just society.