Introduction of the Course, Fundamentals of Ethics,

Morality and LegalityDr Awdhesh Singh, IRS (Retd.)

Director, Awdhesh Academy,

Former Commissioner, Customs & Indirect Taxes (Central Excise &GST)

• B Tech from IIT-BHU Varanasi

• M Tech from IIT-Delhi

• PhD IIITM-Gwalior in 2008

• Joined IRS (C&IT) in 1991

• Received WCO Certificate of Merit in 2011 and Presidential Award from Government of India in 2016

• Took voluntary retirement in October 2016 in the rank of Commissioner

• Fifth Most Followed Writer on Quora in the world with over 3.2 lakhs followers and over 190 Million Answer views

• Authored seven bestselling books on the topic of Spiritual Intelligence Leadership, Myths, GST and Happiness, Ethics and Essay paper of CSE

• Follow Me @• unacademy.in/user/aksinghirs• AwdheshSingh.com

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DirectorAwdhesh Academy

About Me

Syllabus

• The paper will include the candidate’s attitude and approach relating to integrity and probity in public life and his problem solving approach to various issues and conflicts faced by him in dealing with society. Questions may utilize the case study approach to determine these aspects.

• The following broad areas will be covered.

• Ethics and Human Interface: Essence, determinants and consequences of Ethics in human actions; dimensions of ethics; ethics in private and public relationships. Human Values – lessons from the lives and teachings of great leaders, reformers and administrators; role of family, society and educational institutions in inculcating values.

Syllabus (Contd.)

• Attitude: content, structure, function; its influence and relation with thought and behavior; moral and political attitudes; social influence and persuasion.

• Aptitude and foundational values for Civil Service , integrity, impartiality and non-partisanship, objectivity, dedication to public service, empathy, tolerance and compassion towards the weaker sections.

• Emotional intelligence-concepts, and their utilities and application in administration and governance.

• Contributions of moral thinkers and philosophers from India and world.

Syllabus (Contd.)

• Public/Civil service values and Ethics in Public administration: Status and problems; ethical concerns and dilemmas in government and private institutions; laws, rules, regulations and conscience as sources of ethical guidance; accountability and ethical governance; strengthening of ethical and moral values in governance; ethical issues in international relations and funding; corporate governance.

• Probity in Governance: Concept of public service; Philosophical basis of governance and probity; Information sharing and transparency in government, Right to Information, Codes of Ethics, Codes of Conduct, Citizen’s Charters, Work culture, Quality of service delivery, Utilization of public funds, challenges of corruption.

• Case Studies on above issues.

Scheme of Paper

• The paper of Ethics, Integrity and Aptitude (General Studies Paper IV) consists of two parts.• Part A (130 marks): Theory (Around 12-13 questions of 10 marks each of 150

words)

• Part B (120 marks): Case Studies (6 Questions) of 250 words each.

• All Questions are compulsory

• Answers should be within the specified word limit

The Methodology of Teaching

• Covers the complete syllabus

• Detailed study of theory

• Revision and doubt clearing sessions

• Dedicated sessions for Case Studies

• Discussion of previous years papers

• The PDF of the notes shall be provided

Instructions

• Attend the classes and clear your doubts on the spot or in the next doubt clearing sessions

• Repeat the video lectures, if you miss out a lecture or don’t understand the concept clearly.

What is Ethics?

What is Ethics?

• The term ethics derives from Ancient Greek ethikos or ethos, meaning 'habit or custom'.

• Ethics is a branch of philosophy that involves systematizing, defending, and recommending concepts of right and wrong conduct.

Definitions of Ethics

• "the moral principles of a particular tradition, group or individual." (The Cambridge Dictionary of Philosophy)

• 'the science of the ideal human character' or 'the science of moral duty' (Rushworth Kidder)

Philosophy

• The word philosophy comes from the Greek philosophia, which literally means ‘love of wisdom’.

• Wise people are those who not only have knowledge but also know how to use it to lead a good life.

• Philosophy is the study of general and fundamental problems concerning existence, knowledge, values, reason, mind and language.

• Philosophical methods to solve these problems include questioning, critical discussion, rational argument and systematic presentation.

Purpose of Ethics

• Ethics investigates the questions • What is the best way for people to live?

• What actions are right or wrong in particular circumstances?

• Ethics seeks to resolve questions of human morality by defining concepts such as • good and evil,

• right and wrong,

• virtue and vice,

• justice and crime.

Case Study: Trolley Dilemma

Case Study: Trolley Dilemma

Case Study: Saving life of two Noble Laurate

• There were two eminent men. • The first person was a Noble Laureate of physics. He was critically ill and

needed kidney transplant.

• The second person was Noble Laureate of medicine. He too was critically ill and needed a heart transplant.

• Should the surgeon take the kidney and heart of a drunken tramp to save the life of these two Noble Laureates?

• Assume that the surgeon has total immunity to law.

Ethics is not Science

• It is not possible to develop ethical principles which are as universal as scientific laws which deals with inert matter.

• The inert matter like water would have exactly the same property irrespective of its country, place and time. However, the character of even two siblings are not same.

• Human behaviour depends on the genetics, family tradition, country, society, financial conditions etc.

• Human behaviour is not hard-coded, but can change by appropriate knowledge and situation.

Two Aspects of Human Nature

• Higher Self• When you follow your spirit• When you live for the benefit of others• When you listen to your voice of conscience• When you live according to your ideals

• Lower Self• When you fulfill the desires of your body• When you live for the pleasure of senses• When you care for your own happiness • When you exploit all opportunities in self-interest

• When you follow your higher self, you behave ethically• When you follow your lower self, your behaviour becomes unethical

Q. Ethics is the study of

A. Good and evil

B. Right and wrong

C. Virtue and vice

D. All the above

Q. The term Greek word ethikos or ethos means

A. Feelings

B. Habit

C. Custom

D. Both B & C

Definition of Law

• A legal system is the most explicit, institutionalized and complex mode of regulating human conduct.

• Law means• A binding custom or practice of a community

• A rule or mode of conduct or action that is prescribed or formally recognized as binding by a supreme controlling authority or is made obligatory by a sanction, recognized or enforced by the controlling authority.

• Law is useful when dealing with a large group of people.

• In close relationships, it is better governed by informal rules that are created by the us based on the culture and tradition of the society.

Purpose of law

• Laws seek to punish individuals seeking immoral pleasures, which neutralises the benefits of the illicit action.

• Examples:• If a corrupt officer is sent to prison and all his properties are forfeited by

government, his loss is much more than the gain he had earned before.

• If an adulterous person is boycotted by his family and the society, the pain is more as compared to the pleasure he gets in an illicit relationship

Laws, Rules and Regulation

• Laws are passed by Parliaments/State Legislature

• Regulations are the directives or statute enforced by law. These are more in the nature of procedures which must be followed for the observance of the law.

• Rules are the standard set of instructions made for people, which explains how things are to be done. They tell us what to do and otherwise. It can be set up for home, hospital, institution, college, office, school, etc. They don’t have legal backing.

Types of Law

1. Human law

• They are made by human beings through the Parliament or by a degree or an order.

• Fulfils the wishes and aspirations of the people

• Enforced through law enforcement authorities like police or tax department.

• Also called Statute Law or Positive Law.

2. Natural law

• ‘Natural law’ infers to those rules and principles which are supposed to have originated from some supreme source other than any political or worldly authority.

• Natural laws are a priori rather than empirical because it accepts the conclusions without any need or enquiry or observation

• They are considered to be eternal and unalterable

• Examples: Nonviolence, equality, justice, liberty

• They are intuitively understood by the philosophers, prophets, saints etc. from their experiences in life and by close observation of the people.

• They emanate from the very nature of a man whence they are considered to be higher than the man-made laws.

3. Divine law

• Believed to be the commands of God imposed upon men.

• Share many common values like love, compassion, forgiveness, service to poor, charity etc.

• They may be different in each religion.

• Example, • Alcoholism is prohibited in Islam, but permitted in Christianity.

• Idol worship is practiced widely in Hinduism, but is prohibited in Islam and Judaism.

4. Law of reason

• The moral laws when discovered by logic and reason are called the law of reason.

• Example: Immanuel Kant’s categorical imperative derives many moral laws like ‘don’t steal’, ‘don’t lie’ etc. purely based on reason.

• Established by that reason by which the world is governed.

• Perceived by the rational nature of man and is quite universal.

• Application may be disputed on specific instances.

5. Moral laws

• Moral laws are based on the principles of morality.

• The origin of moral laws is our conscience which guides us to follow the right path and shun the wrong path.

• Due to our conscience, we are pulled in a certain direction, not because we desire to act in that way, but in spite of our desire to act in the opposite way.

• It is often referred to as the voice of conscience or inner voice.

• According to Kant, this pull is towards that moral sense which each of us has by virtue of being rational and free.

Types of Law

1. Public and Private Law

2. Civil Law and Criminal Law

3. Substantive and Procedural Law

4. Domestic and International Law

5. Written and Unwritten Law

1. Public and Private Law

• Public Law is that aspect of law which deals with the relationship between the state, its citizens and other states.

• It governs the relationship between a higher party i.e. the state and a lower one, the citizens. • Examples: Constitutional Law, Administrative Law, Criminal Law, International

Law, etc.

• Private law concerns itself with the relationship amongst private citizens. • Examples include the Law of Torts, the Law of Contract, the Law of Trust, etc.

Law of Torts

• An action that is wrong but not criminal and so can be dealt with in a civil court.

• Tort law requires those who are found to be at fault for harming others to compensate the victims.

• Typical harms include the loss of past or future income, payment of medical expenses, payment for pain and suffering

• It may also include additional punitive damages that are meant to punish the plaintiff in excess of full compensation.

• In general tort law falls into three categories: • Negligent torts: Complaints dealing with negligence; • Intentional torts: Intentional harm; and • Strict liability torts: Unintentional but non-negligent acts known as strict liability.

2. Civil Law and Criminal Law

• Civil law is defined is that aspect of law which deals with the relationship between citizens and provides means for remedies if the rights of a citizen are breached. • Examples: Law of Contract, the Law of Torts, Family Laws, etc.

• Criminal Law regulates crime in the society. It punishes acts which are considered harmful to the society at large. • Example: IPC, CrPC, NDPS Act, etc.

• Usually fine and penalty is imposed for the violation of civil laws while a person may be arrested and/or sent to jail for the violation of criminal law.

3. Substantive and Procedural Law

• Substantive Law is the main body of the law dealing with a particular area of law. • Example: Indian Penal Code (IPC).

• Procedural law deals with the process which the courts must follow in order to enforce the substantive law. • Example : Criminal Procedure Code (CrPC)

4. Domestic and International Law

• Domestic law emanates from the state and its effect is on the members of that state.

• Example: IPC, Customs Act, Central GST Act,

• International law is observed between countries and regulates the relationship between different independent countries.

• It is usually in the form of treaties, international convention etc. • Examples: Universal Declaration of Human Rights

• The international laws become a force of law only when they are approved by their own legislature.

5. Written and Unwritten Law

• Written laws are those laws that have been validly enacted by the legislature of a country.

• Unwritten laws, on the other hand, are not enacted by the legislature.

• They include both customary and case law. • Customary Laws are based on the culture and tradition of the people and is

generally unwritten.

• Case law, are written down in a documentary format based on the various judgments of the courts and tribunals.

Morality

• The word ‘morality’ comes from Latin: mōrālis, which means 'manner, character, proper behavior'.

• It is the differentiation of intentions, decisions and actions between those that are distinguished as proper and those that are improper.

• Morality is concerned with the principles of right versus wrong that are based on one’s personal feelings, values and opinions.

• Morality may also be specifically synonymous with "goodness" or "rightness".

• The opposite of morality is immorality.

Conscience

• Conscience is a faculty of the mind that motivates us to act morally or according to our most deeply held values.

• The word conscience is derived from the Latin word ‘conscientia’ which stands for ‘privity of knowledge’ (Secret knowledge).

• It is an inner feeling that guides us to perform the right action and avoid the bad ones.

• Conscience is sometimes regarded as the voice of God/Atman (soul) and therefore a completely reliable guide of conduct.

Dilemma of Gandhi

• A Muslim friend of Mohandas Karamchand Gandhi used to persuade him to eat meat.

• ‘No,’ Gandhi would answer him, ‘Hindus don't eat meat, especially my caste. My ancestors never ate meat.’

• But his friend insisted, ‘If you don’t eat meat, you will remain weak. You have to eat meat if you want to be physically strong.’

• Gandhi very much wanted to be physically strong. ‘Are you sure it will make me strong?’ he asked.

• ‘Yes,’ replied his friend.

• Since Gandhi was very weak, he tried some goat meat one evening. That night, he dreamt that the goat was crying inside his stomach. He was miserable.

• Gandhi cried, ‘I can't eat meat anymore! I have seen the goat crying inside me!’ And he gave up eating meat once and for all.

Gandhi and his inner voice

• For me, the Voice of God, of Conscience, of Truth, or the Inner Voice or 'the Still Small Voice' mean one and the same thing.

• I have always believed God to be without form. But what I did hear was like a Voice from afar and yet quite near. It was as unmistakable as some human voice definitely speaking to me, and irresistible.

• The hearing of the Voice was preceded by a terrific struggle within me. Suddenly the Voice came upon me. I listened, made certain it was the Voice, and the struggle ceased. I was calm.

• The determination was made accordingly, the date and the hour of the fast were fixed…

Views about conscience

• Source • Intuitionism: Conscience to be an innate, intuitive faculty determining the

perception of right and wrong.

• Empiricism: Conscience to be a cumulative and subjective inference from past experience giving direction to future conduct.

• Behavioural scientist view conscience as a set of learned responses to particular social stimuli.

• According to Freud, the superego is formed by the child’s incorporation of moral values through parental approval or punishment.

• The resulting internalised set of prohibitions, condemnations and inhibitions is that part of the superego known as conscience.

Types of Conscience

• Antecedent conscience: It helps a person decide the morality of an action before doing it. It would either permit or forbid the action to be taken.

• Consequent conscience: This conscience infers the judgement of the mind after the action has been undertaken. If the conscience approves our action, we feel happy and peaceful. If our conscience disapproves our action, we feel guilty and unhappy.

• Correct conscience: This conscience tells us when something is a good or a bad choice and whether this decision is in agreement with what that thing actually is according to the objective law.

• Erroneous conscience: When a person judges something incorrectly. When something is bad he thinks it is good and when it is good he thinks it is bad.

Types of Conscience (Continued)

• Certain conscience: When a person is convinced without any doubt that an action is good or bad.

• Doubtful conscience: When a person cannot choose between good and bad choices. In this situation, a person is unable to decide and act correctly.

• Lax conscience: When a person sees no sin where there actually is sin. Such type of conscience is a result of ignoring the voice of conscience for long and repeatedly doing actions against your conscience.

• Scrupulous conscience: It is a type of conscience where a man sees an act or action as morally wrong when the act is not actually so.

Voice of Conscience

• Voice of conscience is the result of our social conditioning, which becomes a ‘learned instinct’. • Example: Lying is bad .

• Sometimes conscience is based on reason which warns you of dire consequences if you are attempting to do something illegal or immoral. • Example: Cheating on your spouse, accepting bribe

• Our conscience can be conditioned by upbringing and training.• Example: Army, Butcher, Meat-eating

Conflict of Conscience

• When the voice of conscience shows two different paths, which contradict each other.

• When we can’t follow both the paths and we have to forego one path to take another.

• These situations are similar to ethical dilemma • Example: Police encounter vs. Investigation, Love vs. arranged marriage

Crisis of Conscience

• Crisis of conscience happens when we are worrying or feeling uncomfortable because we think that we have done something unfair or morally wrong.

• It is reflected in the form of guilt or remorse. • Example: Corruption in government, donation in politics, marketing in

business

Ethical Guidance of Law and Conscience

• Right action is under two types of fears • Fear of God (fear of conscience )

• Fear of rod (fear of punishment by law)

• When there are too many laws, enforcement becomes difficult and even ineffective.

• The more laws and order are made prominent, the more thieves and robbers there will be. Lao-Tzu

• Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws. (Plato)

Comparison of Ethics and Morality

Ethics1. Ethics are codified by philosophers, which

can be studied and implemented.

2. The rules of conduct recognized in respect to a particular class of human actions or a particular group or culture.

3. Ethics refer to rules provided by an external source i.e. society, nation or religion.

4. Social pressure are exerted on the people to follow an ethical behaviour.

5. Ethics are governed by professional and legal guidelines within a particular time and place

Morality 1. Morality is fluid that varies from

situation to situation, person to person.

2. Morals is a personal compass of right and wrong. You choose your morals based on your personal values.

3. Moral refer to an individual’s own principles regarding right and wrong. Its source is internal.

4. Personal belief is behind following a moral behaviour.

5. Morality transcends cultural norms and quite universal.

Comparison of Morality and Legality

Morality1. Depends on belief 2. Undefined and fluid 3. Tells you what is to be done and

what is not to be done4. Rewards and Punishment5. Subjective6. Social Punishment prescribed for

violations 7. Offers choices

Legality

1. Depends on the words of law

2. Well defined and rigid

3. Tells you what is not to be done

4. Only Punishment

5. Objective

6. Specific punishment prescribed by law

7. Offers no choice

Q. A moral person is governed by the

A. Rules of the society

B. Popular ethics of his society

C. Internal convictions

D. The words of his Scriptures

Q. Laws may cause injustice to people because

A. They are flexible

B. They are not moral

C. They are rigid

D. None of the above

Q. Which one is an incorrect statement about the law?A. You have a choice to follow the law

B. You are punished for violation of law

C. You have no choice but to follow law

D. None of the above