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Law Versus Ethics in Management
UNIVERSITY OF MARYLAND UNIVERSITY COLLEGE
GRADUATE SCHOOL of MANAGEMENT & TECHNOLOGY
TMAN 633 -- Human Resources in Technology Organizations -- Summer 1999

Susan M. Anstead
July 6, 1999

Introduction

A relationship exists between law and ethics. In some instances, law and ethics overlap and what is perceived as unethical is also illegal. In other situations, they do not overlap. In some cases, what is perceived as unethical is still legal, and in others, what is illegal is perceived as ethical. A behavior may be perceived as ethical to one person or group but might not be perceived as ethical by another. Further complicating this dichotomy of behavior, laws may have been legislated, effectively stating the government’s position, and presumably the majority opinion, on the behavior. As a result, in today’s diverse business environment, one must consider that law and ethics are not necessarily the same thing.

Definitions

Law can be defined as a consistent set of universal rules that are widely published, generally accepted, and usually enforced. These rules describe the ways in which people are required to act in their relationships with others in a society. They are requirements to act in a given way, not just expectations or suggestions to act in that way. Since the government establishes law, the government can use police powers to enforce laws. The following chart defines the terms in the definition of law above.

Consistent – If two requirements contradict each other, both cannot be termed a law, because people cannot obey both.
Universal – The requirements must be applicable to every one with similar characteristics facing the same set of circumstances.
Published – The requirements have to be published, in written form, so that they are accessible to everyone within the society.
Accepted – The requirements have to be generally obeyed.
Enforced – Members of society must be compelled to obey the law if...