FACULTY OF EDUCATION AND LANGUAGE

SEMESTER : SEPT 2012

OUMM3203

PROFESSIONAL ETHICS

COURSE : BACHELOR OF TEACHING ENGLISH AS SECOND LANGUAGE WITH HONOURS

COURSE TITLE : SELECT TWO OF THE PROCESSES THAT FORM THE LAW.

THROUGH YOUR EXPERIENCES, EVALUATE THE RELATIONSHIP BETWEEN THE

LAW AND MORAL STANDARDS.

(INDIVIDUALS & GROUPS)

MATRICULATION NO : 850626105906001INDENTICARD NO : 850626-10-5906MOBILE NO : 019-296 8600E-MAIL : nurulazra @oum.edu.my

suggi85@yahoo.com

LEARNING CENTRE : KUANTAN LEARNING CENTRE

Table of Content

1.0 Introduction 1

2.0 Process 1 Individual Process 4

3.0 Process 2 Group Process 6

4.0 Evaluation on the relationship between the law and the moral standards 6

5.0 Summary 8

References 10

1.0 INTRODUCTION

The Oxford Dictionary of Current English for Malaysian Students defines law as a rule made

by authority for the proper regulation of a community or society or for behaviour while

formation is defined as the act or the process of forming or shaping. Therefore, based on the

definition given by the Oxford Dictionary it can be said that formation of law means shaping

or forming a rule for the proper regulation of a community or society or even for imposing

good behaviour. In addition, according to John William Salmond, a famous Jurist and Judge

and also a brilliant conversationalist; law is defined as “the body of principles recognised and

applied by the state in the administration of justice”. Meanwhile, another famous definition is

“law is the command of the sovereign and is accepted due to fear of sanction". This definition

was given by John Austin who was a nineteenth-century legal theorist and reformer.

In the mean time, Aristotle has given his idea on the concept of the rule of law which is, "The

rule of law is better than that of any individual." Nevertheless, the ‘rule of law’ is a frequently

used term that is rarely defined. However, it is to be said that the rule of law is a concept

which not only requires the government to rule according to the law but the rule of law itself

possess values and specific qualities. The law should uphold justice, protect the rights and

liberties of the people and uphold the rights of certain restrictions on the power of the state

and also provides an independent judiciary to protect and defend the rule of law. The

implementation of the concept of rule of law also impose that there is no difference between

each group, rank or position because they are all subjected to the same law where all citizens

are equal by the law. The rule of law also states that the law reflects the collective choice of

the majority in society in relation to any decision or action that affects the well-being.

Therefore, we have to abide by the laws that have been approved or implemented. If we do

not know, we should take appropriate measures (according to the democratic process) to

change / amend it. Meanwhile, we must obey the law.

On the other hands, the rule of law has its own characteristics. The Open University Module

for Professional Ethics, OUMM3203 quote law as a consistent set of universal rules that are

widely published, generally accepted and usually enforced. Lon. L. Fuller who was a noted

legal philosopher talked about the eight requirements of the rule of law in his 1964 book The

Morality of Law. It is written that laws must be general, widely propagated or accessible.

Laws should also be prospective, clear and non-contradictory. Laws must not also ask the

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impossible and should remain relatively constant. Finally, there should be correspondence

between what written statutes declare and how officials enforce those statutes.

There are several processes that involved in the formation of law. It has been outlined as

below.

Figure 1.1 Formation of the law

These four chain processes of formation of the law attribute the dynamic entity of the rules.

Briefly, it can be described that an individual norms (behaviour), beliefs (thoughts) and his

values (priorities) collectively forms his or her moral standards. It is clearly pictured that the

norms, beliefs and values of an individual differs significantly from one another due to

different factors that involves in developing them such as family and peer influence, religion

and even life experiences. These are factors that enriched ones norms, beliefs & values.

Though little tolerance or compromise may initiate the similarity of the behaviour and beliefs,

it is obviously known that differences will eventually trigger conflicts as all individuals in a

society do not have the same contact to social, cultural, religious, economic, technological

and political factors.

Through conflicts, individuals with similar norms, beliefs and values will associated into a

small group and join others who have similar views which will eventually form a consensus

formal organisation (larger organisations). In short, the changing of norms, beliefs and values

in a society give impact on the law resulting both social and political processes. Apparently,

the social process engrosses an accumulation of power through the participation of members

in the groups. In resolving conflicts, political process by which the norms, beliefs and values

held by organisations, groups and individuals are institutionalised into law. In ensuring the

universal rules are effective, the differences of views have to be accustomed. The public

definitely has the rights to express opinion by voting for administrators and legislator through

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Formation of the Law

IndividualProcess

Group Process Social Process Political Process

letters, public survey and the media. The figure below gives clear and simplified version of

institutionalised into the formal legal framework society.

Figure 1.2 Process by which individual norms, beliefs and values are institutionalised into law.

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2.0 PROCESS 1 ( INDIVIDUAL PROCESS)

Individual process is the most important element in the formation of law. This is because the

institutionalised of a law is actually signified the collective voice and moral standards of

individuals. This factor comprises of three important elements that are norms, beliefs and

values. Before going further, let us see the meaning of these elements. Norms are behaviour

which means every individual are expected to act in the same ways when they are faced with

a given situation. While beliefs are so called thought is an abstract way of thinking that is

liable in supporting an individual’s norms most of the time. They are the conducts that an

individual anticipates people to think about given concepts. On the other hand, values are the

grade or what to be precedence of a person’s norms or beliefs. A person will hold to the most

significant norms and beliefs. In conjunction of these elements, five factors have been figured

which are to be said as the reasons that influence the formation of norms, beliefs and values

in an individual. They are family, friends, life experiences, values and personal morality as

well as situation factor. The context that an individual exposed to, such as cultural or

religious, social or political as well as economic or technological formed their set of norms,

beliefs and values.

In moulding one’s norms, beliefs and values the greatest factor is family. Children do not

grow up in a vacuum pace. There are two ways that families influence values and

expectations of their children: directly and indirectly. Parents directly teach their children

values. This includes teaching right and wrong, religious education, teaching about

interacting with people, and rules and expectations. Indirectly, parents indoctrinate and

socialize their children by example. Children watch their parents interact with others, make

choices and determine right and wrong for themselves, and this impacts how they develop

their moral self (values).

Besides that, friends play a significant role too in moulding one’s self values. Assyrian

proverb has once been said that ‘‘Tell me who your friends are and I’ll tell you who you are.”

This proverb shows how much a friend influence us. It is of utmost importance to carefully

choose the people we will associate with, for they will have great influence on our life.

Friends add meaning to our life; they enrich our experiences, bring joy, and share our

problems. If there were a fourth need besides food, water, and shelter, we could say it would

be the need for human interaction, closeness, and friendships. After all, what if great things

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happen in your life—you got a new job, a promotion, or fall in love—and there is no one to

share the news with? What is the use of getting that new dress, purse, dress, car, or house if

there is no one to tell you, “I’m so happy for you!” And what can give you more relief in time

of frustration, grief, sadness, or “the blues” than talking to a friend? Our friends are an

important part of our lives, and also a necessary part; they are our mirrors, and our sounding

boards. They can motivate and also de-motivate us.

Example of families influence

A Vietnamese girl wrote in a magazine column on the importance of family influence in one

self. “Respect, the importance of education, my values in life, and my personality are just

some of the principles that I have gained through the influence of my family. The way

education is viewed in my family is passed down from one generation to another. When both

of my parents were younger, back when they were living in Vietnam, education was their

main focal point in life. My grandparents stressed the importance of education and made sure

that each and every one of their children received one. Now, just like my grandparents, my

parents' stresses to my brother and me how important education is and tries to make sure we

receive a good education. It is because of my parents that education comes first in my life and

why I strive everyday in school to get good grades.

Being raised in a Vietnamese culture has had a big influence on my personality, from the way

I act to the things I do. It is very important in the Vietnamese culture to respect elders and it

is expected that every child does so. I was taught this at a very young age and it has been

embedded in me ever since. I have come to be respectful not only to my elders but to

everyone around me as well. 

Example of life experience

Lily( not real name) who grew in a family whose father is an alcoholic and always beat up

her mother most of the time. This has led to the separation (divorce) of her both parents.

Through this incident, she has developed a belief that every man is violent, fierce and always

harms women and indirectly has accepted the situation that happened as a norms and nature

of each man. Unluckily when she grew, she got married to a man that has merely the same

character as his father. This then, has strongly influence her mentality and established her

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beliefs on the norms that every man possess. Her life experience with two men, father and

husband has finally made her to have the values of “every man is violence, fierce and

harmful”.

3.0 PROCESS 2 (GROUP PROCESS)

In the meantime, group process is another important factor that contributes in the formation

of law through the collective voice and moral standards shown in a group which lead to the

change of law dynamically. The group formation is made through the joining of individuals

with similar norms, beliefs and values. Initially, the individual with similar capacity will cling

to each other. Later, the growth of the number of people in the group enlarges which

eventually associated these people with same norms, beliefs and values into a small group

such as chatting group, discussion group or even in the business deal. Yet, their standards are

not precisely similar, compromises have to be made.

For instance, individuals which take importance on the river conservation might associates

with other individuals which stands for the water and air pollution since they are mainly

associated with nature conservation issues. They might merge to form small group to voice

out their concern and exchange opinions and views on the issues as these small groups are

associations of individuals or organizations that on the basis of one or more shared concerns,

attempts to influence public policy.

Another example that can be stated here is the formation of small group helping out single

mothers in ensuring their economy is well secured. Initially, one single mother will befriend

to another single mother sharing their life experiences, exchanging their beliefs and values.

Later, these two might get to know another one or two single mother who shared merely the

same stories and life experiences as them. Gradually, the number of person increase and

small group is formed. This small group consist of five members, faced the similar problems

that is instability of family economy. They might then figure out, the way of solving the

problems they faced by voicing out to NGO’s and whatsoever which will then lead to other

process in formation of law such as social and political.

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4.0 EVALUATION ON THE RELATIONSHIP BETWEEN THE LAW AND THE MORAL STANDARDS

Moral standards are all about how people should live their lives.  Moral standards will vary

considerably between different cultures and even sometimes between individuals within a

certain culture.  The necessities of the law overlap to a great degree. Even so, the duplication

of the probable moral standards of a society is none. Obviously, the violation of the federal

law against bribe also violates the moral standard against illegal money. Most people and

cultures will agree that certain activities are morally wrong, for example, murder and most

societies will punish murderers through their legal system for this crime. We can come to an

agreement that in an independent and self- governing society, the basic principles of the

society echoed the legal requirements. Hence, it can be said that legal requirements overlap

with moral standards.

Several actions are considered immoral but are not prohibited which means are not against

the law. For instance, in European countries the majority of people would regard adultery to

be wrong in moral but in Malaysian legal system, it is not deemed to be a crime.  There is

however certain countries and cultures such as Saudi Arabia reflect on adultery as morally

wrong and has been also declared illegal by the state. On the other hand, during FIFA World

Cup 2010 in South Africa, the prostitution in the country has been legalized to avoid raping

and the idea was to free up police to deal with more pressing security issues.

The moral values of a country have a weighty influence on how the law is developed. Even

so, activities that the majority of society consider morally wrong but they are not punished by

the law still exist.

The necessities of the law have a tendency to be negative, whereas the standards of morality

are more habitually positive. According to the law, we are forbidden to attack, rob or insult

each other. However, it is not mandatory to help people, even in intense circumstances. For

instance, there is no law claims that we must assist a drowning child. At this point, the

situation in calculate the moral standards of the most of adult populace in any state would

help the drowning child, the best as they can.

On the other hand some acts may not be seen as morally wrong but will still be made a crime

by the state, for instance, driving slightly over the speed limit on the highway.

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The requirements of the law tend to go too slowly behind the obvious moral standards of

society. The most unpleasant example, of course is slavery. Yet, sexual and discrimination on

race(being racist), ecological pollution as well as corruption in other countries can all be

referred as unethical and immoral and were gradually cured by legislation.

Activist of the rule of law would say, though, that the evidence of the lag between apparent

moral consensus and enacted legal sanctions does not necessarily be a sign of lack of

relationship between legal requirements and moral standards. They claimed that it only

functions as confirmation to the relationship so that the laws controlling discrimination,

pollution and bribery were finally passed.

The relation between the law and the moral standards can be seen clearly in the form of

diagram below.

Figure 4.1: Relationship between law and moral standards

5.0 SUMMARY

In conclusion, it can be summarized that the meaning of law is; a set of universal and reliable

rules that ruled human conduct within a society. There are several processes that incurred in

the formation of law. Firstly, is the individual process which significantly required in

recognizing the norms, beliefs and values of each individual in a society. Second is the group

process which mainly represents the views of individuals in a collective voice. The third

process incurred is social process which apparently involves an accumulation of power and

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Overlapping

Legal requirements

Moral standards

last but not least is the political process by which the norms, beliefs and values held by

organizations, groups and individuals are institutionalized into law which can be seen as a

means of resolving conflict since organizations, groups and individuals apparently have

different opinions on norms. Individual and group process, however, played significant role

in establishing the law formation. This is due to the processes helped government to collect

the majority voice of individuals which is said to be the collective norms, beliefs and values

of a society. Individuals with parallel set of standards (norms, beliefs, values) will attached

together and formed a group which apparently has similar views and standards. Last but not

least, the relationship between law and moral standards does overlap to a significant degree.

There are situations which overseen as legally and morally unaccepted such as robbery while

some other is accepted as immoral but legally not wrong, for instance, adultery in Malaysia.

Despite of these, there are also some circumstances that considered as legally wrong but not

considered as morally wrong such as driving slightly over the speed limit.

( 2,879 words)

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REFERENCES

JOURNALS

Tarhanov, I. A. (2012). Juridical qualification: definition and place in law applicationprocess. (English). Russian Juridical Journal / Rossijskij Juridiceskij Zurnal, 84(3), 130-140.

The Law Magazine and Review. (1931). Harvard Law Review, 44(5), 788-791.

BOOKS

Lon. L Fuller (1964). Revised Edition Book Crafters, Inc. USA, New Haven: Yale University Press

WEBSITES

AmericanBar.org (2000). Definition of Law Retrieved October 20, 2012,fromhttp://www.americanbar.org/content/dam/aba/migrated/publiced/features/Part1DialogueROL.authcheckdam.pdf

EssayForum.com (2006). Families Have Major Influences on Us As Person. Retrieved October 20, 2012,

from http://www.essayforum.com/undergraduate-essays-2/families-have-major-influence-we-as-person-ucf-essay-2946/

DivineCaroline.com (2012). Friends Influences Retrieved October 20, 2012,from http://www.divinecaroline.com/35/83744-friends-influence#ixzz2BvEGl5k8

OTHERS

The Oxford Dictionary of Current English for Malaysian Students

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